BILL NUMBER: S8085

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to extending the
hearing requirement in guardianship matters from 28 days to 35 days

 
PURPOSE:

This bill would amend 81.07 of the mental hygiene law to extend the time
in which a hearing may be held.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph 1 of subdivision (b) of section 81.07 of the
mental hygiene law, as amended by chapter 438 of the laws of 2004 to
extend hearing requirements in guardianship matters from twenty-eight
days to thirty-five days.

 
JUSTIFICATION:
              

In the ensuing 30 years since the inception of Article 81 of the Mental
Hygiene Law, the inventory of guardianship matters has significantly
increased. The judges who preside over these matters continue to have
various duties in addition to their service in guardianships and are
often called upon to serve in other parts (i.e. civil trials, commer-
cial, etc.) This short extension of time in which to have the requisite
hearing would not only allow the judges assigned to the matter more time
to complete their duties but would also give the fiduciaries appointed
the court (i.e. the court evaluator and the attorney for the alleged
incapacitated person) additional time to complete their services and
responsibilities.  Moreover, the extension of time for a hearing would
not prejudice the parties as the proposed amendment would not impede the
court from taking any necessary expedited action such as appointing a
temporary guardian or imposing temporary restraints to protect the
person or property of the subject of the guardianship proceeding.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.