Assembly Bill A540

2019-2020 Legislative Session

Repeals certain requirements for a petition for a judicial appointment of a standby guardian of an infant; repealer

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • 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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2019-A540 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §1726, rpld sub 3 ¶(b) sub¶ (ii), SCPA
Versions Introduced in Other Legislative Sessions:
2015-2016: A7741
2017-2018: A448
2021-2022: A6322

2019-A540 (ACTIVE) - Summary

Repeals certain requirements for a petition for a judicial appointment of a standby guardian of an infant.

2019-A540 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    540
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. STIRPE -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT  to  amend  the  surrogate's court procedure act, in relation to
   requirements for a petition for a judicial appointment  of  a  standby
   guardian  of  an  infant; and to repeal subparagraph (ii) of paragraph
   (b) of subdivision 3 of section 1726 of the surrogate's  court  proce-
   dure act, relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.   Subparagraph (i) of paragraph (d)  of  subdivision  3  of
 section 1726 of the surrogate's court procedure act, as amended by chap-
 ter 79 of the laws of 2018, is amended to read as follows:
   (i)  If  the  court finds that the [petitioner suffers from a progres-
 sively chronic illness or an irreversibly fatal illness, or  finds  that
 the petitioner may become subject to administrative separation, and that
 the]  interests  of  the infant will be promoted by the appointment of a
 standby guardian of the person and/or property it  must  make  a  decree
 accordingly.
   §  2.  Subparagraph  (ii) of paragraph (b) of subdivision 3 of section
 1726 of the surrogate's court procedure act is REPEALED.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00661-01-9

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