senate Bill S5154A

Signed By Governor
2015-2016 Legislative Session

Enacts "Peter Falk's law" relating to guardianship duties

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Sponsored By

Archive: Last Bill Status Via A3461 - 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 (25)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 21, 2016 signed chap.98
Jul 13, 2016 delivered to governor
Jun 14, 2016 returned to assembly
passed senate
3rd reading cal.1365
substituted for s5154c
Jun 14, 2016 substituted by a3461c
Jun 07, 2016 advanced to third reading
Jun 06, 2016 2nd report cal.
Jun 02, 2016 1st report cal.1365
May 17, 2016 print number 5154c
May 17, 2016 amend and recommit to mental health and developmental disabilities
Jan 21, 2016 print number 5154b
Jan 21, 2016 amend (t) and recommit to mental health and developmental disabilities
Jan 06, 2016 referred to mental health and developmental disabilities
returned to senate
died in assembly
Jun 15, 2015 referred to judiciary
delivered to assembly
passed senate
Jun 09, 2015 advanced to third reading
Jun 08, 2015 2nd report cal.
amended (t) 5154a
Jun 03, 2015 1st report cal.1315
May 05, 2015 referred to mental health and developmental disabilities

Votes

view votes

Jun 2, 2016 - Mental Health and Developmental Disabilities committee Vote

S5154C
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Jun 3, 2015 - Mental Health and Developmental Disabilities committee Vote

S5154
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

S5154 - Details

Law Section:
Mental Hygiene Law
Laws Affected:
Amd §81.20, Ment Hyg L; amd Art 12 Head, add §1212, CPLR

S5154 - Summary

Provides for an appointment of a guardian for personal needs or property management; provides that the order of appointment shall identify the persons entitled to receive notice of the incapacitated person's death, funeral arrangements, receive notice of the incapacitated person's transfer to a medical facility and persons entitled to visit such person.

S5154 - Sponsor Memo

S5154 - Bill Text download pdf

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

                                  5154

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 5, 2015
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Mental  Health  and
  Developmental Disabilities

AN  ACT  to  amend the mental hygiene law and the civil practice law and
  rules, in relation to guardianship duties and visitation claims

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

  Section  1. subdivision (a) of section 81.20 of the mental hygiene law
is amended by adding a new paragraph 8 to read as follows:
  8. A GUARDIAN SHALL INFORM THE RELATIVES, INCLUDING BUT NOT LIMITED TO
THE CHILDREN, OF AN ELDER OR DEPENDENT INCAPACITATED ADULT WHENEVER THEY
ARE ADMITTED TO A MEDICAL FACILITY FOR ACUTE CARE FOR A PERIOD OF  THREE
DAYS OR MORE OR IN THE EVENT OF DEATH. IN THE CASE OF DEATH, THE GUARDI-
AN  SHALL  INFORM  THE  RELATIVES  OF  ANY  FUNERAL ARRANGEMENTS AND THE
LOCATION OF THE INCAPACITATED PERSON'S FINAL RESTING PLACE.
  S 2. The article heading of article 12 of the civil practice  law  and
rules, as amended by chapter 115 of the laws of 1981, is amended to read
as follows:
                INFANTS, INCOMPETENTS [AND], CONSERVATEES
                             AND THE ELDERLY
S 3. The civil practice law and rules is amended by adding a new section
1212 to read as follows:
  S  1212. ELDERLY VISITATION CLAIMS. (A) PETITION TO THE SUPREME COURT.
A PETITION MAY BE BROUGHT FOR A VISITATION ORDER TO ENJOIN A  RESPONDENT
FROM KEEPING A PROPOSED VISITEE IN ISOLATION FROM CONTACT WITH THE PETI-
TIONER.
  (B) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
  1. "ELDER" SHALL HAVE THE SAME MEANING AS PARAGRAPH (B) OF SUBDIVISION
ONE OF SECTION TWO HUNDRED FOURTEEN OF THE ELDER LAW.
  2.  "DEPENDENT  ADULT" SHALL MEAN ANY PERSON BETWEEN THE AGES OF EIGH-
TEEN AND SIXTY WHO RESIDES IN THIS STATE AND WHO HAS PHYSICAL OR  MENTAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07225-01-5

S5154A - Details

Law Section:
Mental Hygiene Law
Laws Affected:
Amd §81.20, Ment Hyg L; amd Art 12 Head, add §1212, CPLR

S5154A - Summary

Provides for an appointment of a guardian for personal needs or property management; provides that the order of appointment shall identify the persons entitled to receive notice of the incapacitated person's death, funeral arrangements, receive notice of the incapacitated person's transfer to a medical facility and persons entitled to visit such person.

S5154A - Sponsor Memo

S5154A - Bill Text download pdf

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

                                 5154--A
    Cal. No. 1315

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 5, 2015
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Mental  Health  and
  Developmental  Disabilities -- reported favorably from said committee,
  ordered to first report, amended on first report, ordered to a  second
  report  and  ordered  reprinted,  retaining  its place in the order of
  second report

AN ACT to amend the mental hygiene law and the civil  practice  law  and
  rules,  in relation to enacting "Peter Falk's law" relating to guardi-
  anship duties and visitation claims

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

  Section  1.  This act shall be known and may be cited as "Peter Falk's
law".
  S 2. Subdivision (a) of section 81.20 of the  mental  hygiene  law  is
amended by adding a new paragraph 8 to read as follows:
  8. A GUARDIAN SHALL INFORM THE RELATIVES, INCLUDING BUT NOT LIMITED TO
THE CHILDREN, OF AN ELDER OR DEPENDENT INCAPACITATED ADULT WHENEVER THEY
ARE  ADMITTED TO A MEDICAL FACILITY FOR ACUTE CARE FOR A PERIOD OF THREE
DAYS OR MORE OR IN THE EVENT OF DEATH. IN THE CASE OF DEATH, THE GUARDI-
AN SHALL INFORM THE  RELATIVES  OF  ANY  FUNERAL  ARRANGEMENTS  AND  THE
LOCATION OF THE INCAPACITATED PERSON'S FINAL RESTING PLACE.
  S  3.  The article heading of article 12 of the civil practice law and
rules, as amended by chapter 115 of the laws of 1981, is amended to read
as follows:
                INFANTS, INCOMPETENTS [AND], CONSERVATEES
                             AND THE ELDERLY
  S 4. The civil practice law and rules  is  amended  by  adding  a  new
section 1212 to read as follows:
  S  1212. ELDERLY VISITATION CLAIMS. (A) PETITION TO THE SUPREME COURT.
A PETITION MAY BE BROUGHT FOR A VISITATION ORDER TO ENJOIN A  RESPONDENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07225-04-5

S5154B - Details

Law Section:
Mental Hygiene Law
Laws Affected:
Amd §81.20, Ment Hyg L; amd Art 12 Head, add §1212, CPLR

S5154B - Summary

Provides for an appointment of a guardian for personal needs or property management; provides that the order of appointment shall identify the persons entitled to receive notice of the incapacitated person's death, funeral arrangements, receive notice of the incapacitated person's transfer to a medical facility and persons entitled to visit such person.

S5154B - Sponsor Memo

S5154B - Bill Text download pdf

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

                                 5154--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 5, 2015
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Mental  Health  and
  Developmental  Disabilities -- reported favorably from said committee,
  ordered to first report, amended on first report, ordered to a  second
  report  and  ordered  reprinted,  retaining  its place in the order of
  second report -- recommitted to the Committee  on  Mental  Health  and
  Developmental Disabilities in accordance with Senate Rule 6, sec. 8 --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the mental hygiene law, in relation to  enacting  "Peter
  Falk's law" relating to guardianship duties

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

  Section 1. This act shall be known and may be cited as  "Peter  Falk's
law".
  S  2.  Subdivision  (a)  of section 81.20 of the mental hygiene law is
amended by adding a new paragraph 8 to read as follows:
  8. A GUARDIAN SHALL INFORM THE RELATIVES, INCLUDING BUT NOT LIMITED TO
THE CHILDREN, OF AN ELDER OR DEPENDENT INCAPACITATED ADULT WHENEVER THEY
ARE ADMITTED TO A MEDICAL FACILITY FOR ACUTE CARE FOR A PERIOD OF  THREE
DAYS OR MORE OR IN THE EVENT OF DEATH. IN THE CASE OF DEATH, THE GUARDI-
AN  SHALL  INFORM  THE  RELATIVES  OF  ANY  FUNERAL ARRANGEMENTS AND THE
LOCATION OF THE INCAPACITATED PERSON'S FINAL RESTING PLACE.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07225-07-6

S5154C (ACTIVE) - Details

Law Section:
Mental Hygiene Law
Laws Affected:
Amd §81.20, Ment Hyg L; amd Art 12 Head, add §1212, CPLR

S5154C (ACTIVE) - Summary

Provides for an appointment of a guardian for personal needs or property management; provides that the order of appointment shall identify the persons entitled to receive notice of the incapacitated person's death, funeral arrangements, receive notice of the incapacitated person's transfer to a medical facility and persons entitled to visit such person.

S5154C (ACTIVE) - Sponsor Memo

S5154C (ACTIVE) - Bill Text download pdf

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

                                 5154--C

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 5, 2015
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Mental  Health  and
  Developmental  Disabilities -- reported favorably from said committee,
  ordered to first report, amended on first report, ordered to a  second
  report  and  ordered  reprinted,  retaining  its place in the order of
  second report -- recommitted to the Committee  on  Mental  Health  and
  Developmental Disabilities in accordance with Senate Rule 6, sec. 8 --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the mental hygiene law, in relation to enacting "Peter
  Falk's law" relating to guardianship duties

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

  Section  1.  This act shall be known and may be cited as "Peter Falk's
law".
  S 2. Subdivision (c) of section 81.16 of the  mental  hygiene  law  is
amended by adding three new paragraphs 4, 5 and 6 to read as follows:
  4.  THE  ORDER  OF  APPOINTMENT SHALL IDENTIFY THE PERSONS ENTITLED TO
RECEIVE NOTICE OF THE INCAPACITATED PERSON'S DEATH, THE INTENDED  DISPO-
SITION  OF  THE  REMAINS OF THE DECEDENT, FUNERAL ARRANGEMENTS AND FINAL
RESTING PLACE WHEN THAT INFORMATION IS KNOWN OR CAN BE REASONABLY ASCER-
TAINED BY THE GUARDIAN.
  5. THE ORDER OF APPOINTMENT MAY IDENTIFY THE PERSON OR  PERSONS  ENTI-
TLED  TO  NOTICE  OF  THE  INCAPACITATED  PERSON'S TRANSFER TO A MEDICAL
FACILITY.
  6. THE ORDER OF APPOINTMENT MAY IDENTIFY THE PERSONS ENTITLED TO VISIT
THE INCAPACITATED PERSON, IF THEY SO CHOOSE. HOWEVER, THE IDENTIFICATION
OF SUCH PERSONS IN THE ORDER SHALL IN NO WAY LIMIT THE PERSONS  ENTITLED
TO VISIT THE INCAPACITATED PERSON.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07225-09-6

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