New York A 5609: Requires the petitioner for appointment of a guardian for an incapacitated person to identify all other persons who may be able to manage the affairs of such incapacitated person

Bill Text

STATE OF NEW YORK
________________________________________________________________________
5609
2019-2020 Regular Sessions
IN ASSEMBLY
February 14, 2019
___________
Introduced by M. of A. WEINSTEIN, GOTTFRIED, LENTOL, ZEBROWSKI, COLTON,
L. ROSENTHAL, TITUS, ABINANTI, SEAWRIGHT, JAFFEE, TAYLOR -- Multi-
Sponsored by -- M. of A. COOK, GALEF, GLICK, PICHARDO, STIRPE -- 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 visiting nurs-one of subdivision (g) of section 81.07 of this article,
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 (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD00873-01-9

A. 5609 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 of the general obligations law, ortitle fifteen of article five
9 sections two thousand nine hundred [ ] and two thousandfive sixty-five
10 nine hundred eighty-one of the public health law, if known to the peti-
11 tioner; 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 and the, the steps taken to identify available resources,
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 renumbered paragraph 18, and three new paragraphs 15, 16
22 and 17 are added to read as follows:
23 15. for all available resources considered by the petitioner, the
24 name, address, telephone number along with any other contact informa-
25 tion, relationship to the alleged incapacitated person and any documents
26 known to the petitioner that grant the available resource legal authori-
27 ty to manage the personal, medical and/or financial affairs of the
28 alleged incapacitated person;
29 16. if the petitioner seeks to revoke any lawfully executed appoint-
30 ment or delegation made by the alleged incapacitated person pursuant to
31 title fifteen of article five of the general obligations law, section
32 twenty-nine hundred sixty-five or twenty-nine hundred eighty-one of the
33 public health law, or any living will, the petition shall set forth
34 specific reasons for the revocation;
35 17. an affirmative statement that the petition is not brought primari-
36 ly for the purpose of bill collection or resolving a bill collection
37 dispute;
38 § 6. Subparagraph (xi) of paragraph 5 of subdivision (c) of section
39 81.09 of the mental hygiene law, as amended by chapter 438 of the laws
40 of 2004, is amended to read as follows:
41 (xi) has the person alleged to be incapacitated made any appointment
42 or delegation pursuant to [ ] section 5-1501, 5-1505, or 5-1506 ti