BILL NUMBER: S7533

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the judiciary law, in relation to guardianship programs
in the counties of Nassau and Suffolk

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish permanent Article 81 guardianship programs in the counties
of Nassau and Suffolk.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section 216-a to the judiciary law
authorizing the chief administrator of the courts to establish court
ordered guardianship programs in the counties of Nassau and Suffolk.
The programs are administered by the local court in each county. The
program must report annually to the legislature on the number of guardi-
ans appointed, costs associated with the program, and outcomes.
              

Section 2 is the effective date.

 
JUSTIFICATION:

Under Article 81 of the New York Mental Hygiene Law, a Supreme Court,
Civil Branch or a county court, may appoint a guardian for an adult to
manage the adult's personal and/or financial affairs when the court
finds that the individual is not able to do so. Article 81 appointments
are only warranted when there has been a showing to a judge that a
person has functional limitations, is unable to recognize the extent of
those limitations, is likely to come to harm as a result, and there are
no less-restrictive options.

Nationally, the number of persons who need help with decision making
through guardianship or a less-restrictive option appears to be growing.
This growth is attributable to an aging population. The demand for adult
guardianship services is increasing across the county. According to OCA,
the average number of guardianship filings from 2007-2011 under Article
81 was almost 2,400 cases per year.

It is difficult to find guardians for at-risk people and/or people with
low incomes and high needs. As a result, those individuals may fail to
receive needed services, become victims of abuse, neglect, and exploita-
tion, or have insufficient care. Most guardians are family members or
friends, but attorneys, corporate trustees, agencies, and volunteers may
opt to serve as guardians.

Since 2018 the counties of Nassau and Suffolk have used local nonprofits
to act as the responsible entity for individuals in need of guardians,
reducing the need for attorneys to take on the role.  The two nonprofits
were funded through a state Department of Health grant and managed by
the state's Office of Court Administration.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

 
EFFECTIVE DATE:
This act shall take effect on the first of April next succeeding the
date on which it shall have become law.