senate Bill S5482

Signed By Governor
2015-2016 Legislative Session

Clarifies the effect of registering an order appointing a guardian of another person or protective order from another state

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A7596 - 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 (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 20, 2015 signed chap.458
Nov 10, 2015 delivered to governor
Jun 15, 2015 returned to assembly
passed senate
substituted for s5482
Jun 15, 2015 substituted by a7596
Jun 09, 2015 advanced to third reading
Jun 08, 2015 2nd report cal.
Jun 03, 2015 1st report cal.1324
May 14, 2015 referred to mental health and developmental disabilities

Votes

view votes

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

S5482
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Mental Health and Developmental Disabilities committee vote details

Mental Health and Developmental Disabilities Committee Vote: Jun 3, 2015

S5482 (ACTIVE) - Details

See Assembly Version of this Bill:
A7596
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยงยง83.03 & 83.39, Ment Hyg L

S5482 (ACTIVE) - Summary

Clarifies the effect of registering an order appointing a guardian of another person or protective order from another state.

S5482 (ACTIVE) - Sponsor Memo

S5482 (ACTIVE) - Bill Text download pdf

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

                                  5482

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

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

AN ACT to amend the mental hygiene law, in relation  to  the  effect  of
  registration  for  purposes of the uniform guardianship and protective
  proceedings jurisdiction act

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

  Section 1. Subdivision (i) of section 83.03 of the mental hygiene law,
as  added  by  chapter  427  of  the laws of 2013, is amended to read as
follows:
  (i) "Protective order" means an order appointing a conservator, guard-
ian of the property or other order related to management of  an  adult's
property.
  S  2. Section 83.39 of the mental hygiene law, as added by chapter 427
of the laws of 2013, is amended to read as follows:
S 83.39 Effect of registration.
  (a) Upon registration of an order appointing a guardian of the  person
or  protective  order  from another state, the guardian of the person or
guardian of the property may exercise in this state all  powers  author-
ized in the order of appointment OR PROTECTIVE ORDER except as prohibit-
ed  under  the  laws  of  this state[, including maintaining actions and
proceedings in this state and selling real property] and, if the guardi-
an of the person or guardian of the property is not a resident  of  this
state, subject to any conditions imposed upon nonresident parties.
  (b)  A  court  of this state may grant any relief available under this
article and other law of this state to enforce a registered order.
  (C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, UPON  REGIS-
TRATION  OF  AN  ORDER APPOINTING A GUARDIAN OF THE PERSON OR PROTECTIVE
ORDER FROM ANOTHER STATE, THE GUARDIAN OF THE PERSON OR GUARDIAN OF  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10986-02-5

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