New York A 7469: Relates to modifying the membership of the metropolitan transportation authority

Bill Text

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A07469 Summary:

BILL NOA07469 

&nbsp

SAME ASSAME AS S06027

&nbsp

SPONSORLavine (MS)

&nbsp

COSPNSRWeprin, Seawright, Taylor, Raga

&nbsp

MLTSPNSRGlick

&nbsp

Amd Ment Hyg L, generally

&nbsp

Requires the petitioner for appointment as the guardian for an incapacitated person to identify all other persons who may be able to manage the affairs of such incapacitated person; prohibits appointment solely for the purposes of bill collection or resolving a bill collection dispute.

Go to top A07469 Actions:

BILL NOA07469 

&nbsp

03/28/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA07469 Committee&nbspVotes:

Go to topA07469 Floor&nbspVotes:

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

Go to topA07469 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7469

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 28, 2025
 ___________

 Introduced by M. of A. LAVINE, WEPRIN, SEAWRIGHT, TAYLOR, RAGA --
 Multi-Sponsored by -- M. of A. GLICK -- read once and referred to the
 Committee on Judiciary

 AN ACT to amend the mental hygiene law, in relation to requiring peti-
 tioners for appointment of a guardian to identify other persons who
 may be able to manage the affairs of an incapacitated person

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

 1 Section 1. Subdivision (e) of section 81.03 of the mental hygiene law,
 2 as amended by chapter 438 of the laws of 2004, is amended to read as
 3 follows:
 4 (e) "available resources" means resources such as, but not limited to,
 5 all persons identified in subparagraphs (i) through (iv) of paragraph
 6 one of subdivision (g) of section 81.07 of this article, visiting nurs-
 7 es, homemakers, home health aides, adult day care and multipurpose
 8 senior citizen centers, powers of attorney, health care proxies, trusts,
 9 representative and protective payees, and residential care facilities.
 10 § 2. Paragraph 7 of subdivision (a) of section 81.06 of the mental
 11 hygiene law, as amended by chapter 438 of the laws of 2004, is amended
 12 to read as follows:
 13 7. the chief executive officer, or the designee of the chief executive
 14 officer, of a facility in which the person alleged to be incapacitated
 15 is a patient or resident, except for where the petition is brought
 16 primarily for purposes of bill collection or resolving a bill collection
 17 dispute. Provided, however, where there is no other legally authorized
 18 or otherwise available resource, the chief executive officer, or desig-
 19 nee of the chief executive officer, of such facility described in this
 20 article may file a petition under this article where a guardian is need-
 21 ed to apply for or engage in planning necessary to establish eligibility
 22 for medical assistance as provided under title eleven of article five of

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08819-01-5

 A. 7469 2

 1 the social services law for the benefit of the person alleged to be
 2 incapacitated.
 3 § 3. Subparagraph (iii) of paragraph 1 of subdivision (g) of section
 4 81.07 of the mental hygiene law, as amended by chapter 438 of the laws
 5 of 2004, is amended to read as follows:
 6 (iii) any person or persons designated by the alleged incapacitated
 7 person with authority pursuant to [sections 5-1501, 5-1505, and 5-1506]
 8 title fifteen of article five of the general obligations law, or
 9 [sections two thousand nine hundred five and] section two thousand nine
 10 hundred eighty-one of the public health law, if known to the petitioner;
 11 and
 12 § 4. Paragraph 14 of subdivision (a) of section 81.08 of the mental
 13 hygiene law, as added by chapter 698 of the laws of 1992, is amended to
 14 read as follows:
 15 14. the available resources, if any, that have been considered by the
 16 petitioner, the steps taken to identify available resources, and the
 17 petitioner's opinion as to [their sufficiency and reliability] why such
 18 resources are not sufficient or reliable enough to meet the alleged
 19 incapacitated person's needs without the appointment of a guardian;
 20 § 5. Paragraph 15 of subdivision (a) of section 81.08 of the mental
 21 hygiene law is re