Assembly Bill A7530

2019-2020 Legislative Session

Authorizes the establishment of trusts for lawsuit recoveries paid to children and the incapacitated

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-A7530 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §1206, CPLR

2019-A7530 (ACTIVE) - Summary

Authorizes the establishment of trusts for lawsuit recoveries paid to children and the incapacitated.

2019-A7530 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7530
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2019
                                ___________
 
 Introduced  by M. of A. WEPRIN, DINOWITZ -- (at request of the Office of
   Court Administration) -- read once and referred to  the  Committee  on
   Judiciary
 
 AN  ACT  to  amend  the civil practice law and rules, in relation to the
   establishment of trusts for lawsuit recoveries paid  to  children  and
   the incapacitated

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1206 of  the  civil  practice  law  and  rules,  as
 amended  by  chapter  115  of the laws of 1981, the opening paragraph as
 amended by chapter 635 of the laws of 1988, subdivision (b)  as  amended
 by  chapter 205 of the laws of 1995, subdivision (c) as amended by chap-
 ter 464 of the laws of 1995 and as further amended  by  section  104  of
 part A of chapter 62 of the laws of 2011, is amended to read as follows:
   §  1206.  Disposition  of  proceeds of claim of AN infant[, judicially
 declared incompetent or conservatee] OR A PERSON FOR WHOM  A  COURT  HAS
 APPOINTED  A  PROPERTY  GUARDIAN  PURSUANT  TO ARTICLE EIGHTY-ONE OF THE
 MENTAL HYGIENE LAW OR  ARTICLE  SEVENTEEN-A  OF  THE  SURROGATE'S  COURT
 PROCEDURE ACT.  (A) Except as provided in [EPTL 7-4.9], SECTION 7-6.5 OF
 THE ESTATES, POWERS AND TRUSTS LAW any property to which an infant[,] OR
 a  person  [judicially  declared to be incompetent or a conservatee] FOR
 WHOM A COURT HAS APPOINTED  A  PROPERTY  GUARDIAN  PURSUANT  TO  ARTICLE
 EIGHTY-ONE  OF  THE  MENTAL  HYGIENE  LAW  OR ARTICLE SEVENTEEN-A OF THE
 SURROGATE'S COURT PROCEDURE ACT is entitled, after [deducting] DEDUCTION
 OF any expenses allowed by the court, shall be distributed to HIS OR HER
 PARENT AS NATURAL GUARDIAN, IF HE OR SHE IS STILL AN INFANT AND NO GUAR-
 DIAN HAS BEEN APPOINTED, OR TO A GUARDIAN  APPOINTED  PURSUANT  TO  RULE
 TWELVE  HUNDRED  TEN  OF  THIS ARTICLE, OR TO the guardian of his OR HER
 property[, the committee  of  his  property  or  conservator]  APPOINTED
 PURSUANT  TO  ARTICLE  EIGHTY-ONE  OF  THE MENTAL HYGIENE LAW OR ARTICLE
 SEVENTEEN-A OF THE SURROGATE'S COURT PROCEDURE ACT, OR TO A TRUSTEE OF A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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