Assembly Bill A7596

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

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Archive: Last Bill Status - Signed by Governor

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

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2015-A7596 (ACTIVE) - Details

See Senate Version of this Bill:
S5482
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§83.03 & 83.39, Ment Hyg L

2015-A7596 (ACTIVE) - Summary

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

2015-A7596 (ACTIVE) - Bill Text download pdf 

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

                                  7596

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
  Committee on Judiciary

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
PROPERTY,  IF  SO  AUTHORIZED  IN THE ORDER OF APPOINTMENT OR PROTECTIVE
ORDER, MAY COMMENCE AND DEFEND ACTIONS AND PROCEEDINGS IN THIS STATE.

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

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