senate Bill S6977

Signed By Governor
2011-2012 Legislative Session

Relates to guardianship succession procedures and time frames

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Archive: Last Bill Status Via A9836 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 01, 2012 signed chap.294
Jul 20, 2012 delivered to governor
May 31, 2012 returned to assembly
passed senate
3rd reading cal.790
substituted for s6977
May 31, 2012 substituted by a9836
May 21, 2012 advanced to third reading
May 16, 2012 2nd report cal.
May 15, 2012 1st report cal.790
Apr 18, 2012 referred to judiciary

Votes

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S6977 - Bill Details

See Assembly Version of this Bill:
A9836
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd ยง1757, SCPA

S6977 - Bill Texts

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Relates to guardianship succession procedures and time frames.

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BILL NUMBER:S6977

TITLE OF BILL:
An act
to amend the surrogate's court procedure act, in relation to guardianship
succession procedures and time frames

PURPOSE:
To establish a procedure to address the increasingly common problem
where Article 17-A standby guardians fail to step in after the death,
renunciation or incapacity of the primary guardian, leaving mentally
retarded or developmentally disabled persons without a guardian to
act on their behalf.

SUMMARY OF PROVISIONS:
Section 1 amends the surrogate's courts procedure act (SCPA) section
1757 by adding a new subdivision.3 to allow the court to:

(1) deem the failure of a standby or alternate guardian to assume the
duties of guardian, seek court confirmation or renounce the
guardianship, within sixty days of written notice by personal
delivery or certified mail, of the prior guardian's inability to
serve and the standby or alternate guardian's duty to serve, seek
court confirmation or renounce such role to constitute an implied
renunciation of the guardianship;

(2) authorize, notwithstanding the time period provided for in
subdivision 2 of this section, any remaining standby or alternate
standby guardian to serve in such capacity provided an application
for confirmation or an application for modification of the
guardianship order is filed in accordance with the provisions of the
SCPA.

Section 2 is the effective date.

JUSTIFICATION:
Non-profit organizations supporting people with intellectual and other
developmental disabilities report an increasingly common problem
where Article 17-A standby guardians are failing to step in after the
death, renunciation or incapacity of the primary guardian, leaving
mentally retarded or developmentally disabled persons without a
guardian to act on their behalf.

NYSARC, Inc. a non-profit organization supporting people with
disabilities and their families since 1949 provides examples of the
problem. NYSARC reports that it is a 17-A guardian for 365
individuals and standby guardian for 409 additional individuals
statewide. NYSARC notes that 45 standby or alternate standby
guardianships (more than 10% of NYSARC's existing standby
guardianships) are currently stymied because a person or entity in a
superior standby position to NYSARC has failed or refused to act as

required by SCPA. NYSARC states that it has no statutory authority
to provide the individual the protection and advocacy authorized for
primary 17-A guardians.

It is believed that standby guardians lack either (1) knowledge that
the primary guardian (often an aging parent or sibling of the ward)
has died or become incapable of serving as primary guardian; (2)
understanding that they should act; and/or (3) understanding of how
to act. In 2009 SCPA was amended to extend the time for a standby
guardian to seek confirmation of guardianship from 90 days to 180
days following "assumption" of duties. However, it remains
all-too-common that alternate standby guardians do not assume their
duties for far longer than 180 days.

This legislation would permit standby guardians to promptly notify
preceding standby guardians of their duty to timely act and then to
seek court intervention if necessary to ensure that the individual
with a disability has a timely court-appointed guardian.

LEGISLATIVE HISTORY
New bill

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                  6977

                            I N  S E N A T E

                             April 18, 2012
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the surrogate's court  procedure  act,  in  relation  to
  guardianship succession procedures and time frames

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

  Section 1. Section 1757 of the  surrogate's  court  procedure  act  is
amended by adding a new subdivision 3 to read as follows:
  3.  FAILURE  OF  A STANDBY OR ALTERNATE STANDBY GUARDIAN TO ASSUME THE
DUTIES OF GUARDIAN, SEEK COURT CONFIRMATION OR TO RENOUNCE THE GUARDIAN-
SHIP WITHIN SIXTY DAYS OF WRITTEN NOTICE BY CERTIFIED MAIL  OR  PERSONAL
DELIVERY  GIVEN  BY  OR  ON  BEHALF OF THE MENTALLY RETARDED OR DEVELOP-
MENTALLY DISABLED PERSON OF A PRIOR GUARDIAN'S INABILITY  TO  SERVE  AND
THE  STANDBY  OR  ALTERNATE STANDBY GUARDIAN'S DUTY TO SERVE, SEEK COURT
CONFIRMATION OR RENOUNCE SUCH ROLE SHALL ALLOW THE COURT TO:
  (A) DEEM THE FAILURE AN IMPLIED RENUNCIATION OF GUARDIANSHIP, AND
  (B) AUTHORIZE, NOTWITHSTANDING THE TIME PERIOD PROVIDED FOR IN  SUBDI-
VISION  TWO  OF  THIS  SECTION TO SEEK COURT CONFIRMATION, ANY REMAINING
STANDBY OR ALTERNATE STANDBY GUARDIAN TO SERVE IN SUCH CAPACITY PROVIDED
(I) AN APPLICATION FOR CONFIRMATION AND APPROPRIATE NOTICES PURSUANT  TO
SUBDIVISION ONE OF SECTION SEVENTEEN HUNDRED FIFTY-THREE OF THIS ARTICLE
ARE  FILED,  OR (II) AN APPLICATION FOR MODIFICATION OF THE GUARDIANSHIP
ORDER PURSUANT TO SECTION SEVENTEEN HUNDRED FIFTY-FIVE OF  THIS  ARTICLE
IS FILED.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15359-02-2

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