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Assembly Bill A6139

Signed By Governor

2009-2010 Legislative Session

Increases the time a court has to confirm the appointment of a standby guardian from sixty to one hundred eighty days

download bill text pdf

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Archive: Last Bill Status Via S2782 - Signed by Governor

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2009-A6139 (ACTIVE) - Details

See Senate Version of this Bill:
S2782
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd ยง1757, SCPA

2009-A6139 (ACTIVE) - Summary

Increases the time a court has to confirm the appointment of a standby guardian from sixty to one hundred eighty days.

2009-A6139 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6139

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 26, 2009
                               ___________

Introduced  by  M.  of  A.  BRENNAN, MILLMAN, JAFFEE, REILLY, RUSSELL --
  Multi-Sponsored by -- M.   of A.  AUBRY,  BRADLEY,  GLICK,  GOTTFRIED,
  ROBINSON, SWEENEY, WEISENBERG -- read once and referred to the Commit-
  tee on Judiciary

AN  ACT to amend the surrogate's court procedure act, in relation to the
  confirmation of standby guardians

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  2  of  section 1757 of the surrogate's court
procedure act, as added by chapter 675 of the laws of 1989,  is  amended
to read as follows:
  2.  Such  standby  guardian,  or alternate in the event of [such] such
standby guardian's death,  incapacity  or  renunciation,  shall  without
further  proceedings  be  empowered  to  assume the duties of his or her
office immediately upon death, renunciation or adjudication of  incompe-
tency  of  the  guardian  or standby guardian appointed pursuant to this
article, subject only to confirmation of his or her appointment  by  the
court within [sixty] ONE HUNDRED EIGHTY days following assumption of his
or  her  duties of such office. Before confirming the appointment of the
standby guardian or alternate guardian, the court may conduct a  hearing
pursuant  to  section  seventeen hundred fifty-four of this article upon
petition by anyone on behalf of the mentally retarded or developmentally
disabled person or the mentally  retarded  or  developmentally  disabled
person  if  such  person  is eighteen years of age or older, or upon its
discretion.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08686-01-9

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