New York A 10400: Relates to requirements for the appointment of a guardian for personal needs or property management

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
A10400 Summary:

BILL NOA10400A

&nbsp

SAME ASNo Same As

&nbsp

SPONSORSimon

&nbsp

COSPNSRCashman, Reyes

&nbsp

MLTSPNSR

&nbsp

Amd §§81.05, 81.06, 81.08, 81.16, 81.17, 81.19, 81.20 & 81.36, Ment Hyg L; amd §14, Bank L

&nbsp

Provides for requirements for the appointment of a guardian for personal needs or property management; requires financial institutions to provide all necessary bank statements for a Medicaid application to a requesting department of social services or other state or local agency administering public assistance or medical assistance within a reasonable amount of time of receipt of such request; requires a banking organization, branch in this state of an out-of-state bank or foreign banking corporation to provide such records within thirty days of receipt of such request.

Go to top A10400 Actions:

BILL NOA10400A

&nbsp

03/03/2026referred to mental health

05/01/2026amend and recommit to mental health

05/01/2026print number 10400a

05/19/2026reported referred to rules

Go to topA10400 Committee&nbspVotes:

Committee:MENTAL HEALTH Chair:Simon 
DATE:05/19/2026AYE/NAY:12/0 Action: Favorable refer to committee Rules SimonAyeSempolinskiExcused

SantabarbaraAyeBrownAye

JacksonAyeBaileyAye

GibbsAyeSmithAye

De Los SantosAye

EachusAye

BergerAye

Chandler-WatermAye

TapiaAye

Go to topA10400 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA10400 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10400--A

 IN ASSEMBLY

 March 3, 2026
 ___________

 Introduced by M. of A. SIMON, CASHMAN, REYES -- read once and referred
 to the Committee on Mental Health -- committee discharged, bill
 amended, ordered reprinted as amended and recommitted to said commit-
 tee

 AN ACT to amend the mental hygiene law, in relation to requirements for
 the appointment of a guardian for personal needs or property manage-
 ment; and to amend the banking law, in relation to bank statements for
 Medicaid applications

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 81.05 of the mental hygiene law is amended by
 2 adding a new subdivision (c) to read as follows:
 3 (c) Notwithstanding subdivisions (a) and (b) of this section, if a
 4 social services official or agency is nominated as guardian, or is
 5 otherwise considered to be appointed as guardian, and has not been
 6 provided with notice as required by subparagraph (v) of paragraph one of
 7 subdivision (g) of section 81.07 of this article, such nominated or
 8 considered social services official or agency shall be permitted to
 9 provide information to the court as to the appropriate social services
 10 official or agency to be considered.
 11 § 2. Section 81.06 of the mental hygiene law is amended by adding a
 12 new subdivision (b) to read as follows:
 13 (b) No entity shall commence a proceeding pursuant to this section
 14 solely to collect a debt of an alleged incapacitated person, to
 15 discharge the alleged incapacitated person from a hospital, nursing home
 16 or other institution that has a duty to care for such person, or to take
 17 any other action that is not in the best interests of the alleged inca-
 18 pacitated person.
 19 § 3. Paragraph 15 of subdivision (a) of section 81.08 of the mental
 20 hygiene law, as added by chapter 698 of the laws of 1992, is amended and
 21 a new paragraph 16 is added to read as follows:
 22 15. any other information which in the petitioner's opinion will
 23 assist the court evaluator in completing the investigation and report in
 24 accordance with section 81.09 of this article[.];

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14026-03-6

 A. 10400--A 2

 1 16. any request, if any, for protective arrangement and/or single
 2 transactions as an alternative to full guardianship shall be considered,
 3 supported by specific findings on the record.
 4 § 4. Subdivision (c) of section 81.16 of the mental hygiene law is
 5 amended by adding a new paragraph 7 to read as follows:
 6 7. If a social services official is appointed as guardian, counsel for
 7 the social services official shall prepare and submit the proposed
 8 order.