senate Bill S6977

Signed By Governor
2011-2012 Legislative Session

Relates to guardianship succession procedures and time frames

download bill text pdf

Sponsored By

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

view actions (11)
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

S6977 - Details

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

S6977 - Summary

Relates to guardianship succession procedures and time frames.

S6977 - Sponsor Memo

S6977 - Bill Text download pdf

                    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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