Senate Bill S9205

2025-2026 Legislative Session

Relates to requirements for the appointment of a guardian for personal needs or property management

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Current Bill Status - In Senate Committee Mental Health 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 13, 2026	referred to mental health

co-Sponsors

2025-S9205 (ACTIVE) - Details

See Assembly Version of this Bill:: A10400
Current Committee:: Senate Mental Health
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §§81.05, 81.06, 81.08, 81.16, 81.17, 81.19, 81.20 & 81.36, Ment Hyg L; amd §14, Bank L

2025-S9205 (ACTIVE) - Summary

Provides for requirements for the appointment of a guardian for personal needs or property management; requires financial institutions to provide all necessary bank statements for a Medicaid application to a requesting department of social services within thirty days of having received such request.

2025-S9205 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9205

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to requirements for
the appointment of a guardian for personal needs or property management;
and to amend the banking law, in relation to bank statements for Medi-
caid applications

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends Mental Hygiene Law § 81.05 to allow a
social services official or agency that is nominated or considered for
appointment as guardian, but did not receive required statutory notice,
to provide information to the court regarding the appropriate social
services official or agency for appointment.

Section 2 of this bill amends Mental Hygiene Law § 81.06 to prohibit the
commencement of a guardianship proceeding solely for the purpose of
collecting a debt, discharging an alleged incapacitated person from a
hospital, nursing home, or other institution with a duty of care, or for
any action not in the best interests of the alleged incapacitated

person.

Section 3 of this bill amends Mental Hygiene Law § 81.08 to require the
court to consider requests for protective arrangements or single trans-
actions as less restrictive alternatives to full guardianship and to
support such consideration with specific findings on the record.

Section 4 of this bill adds a new provision to Article 81 requiring
petitioners to disclose to the court, court-appointed counsel, and the
court evaluator any material information relevant to the functional
limitations of the alleged incapacitated person or that may support a
determination that guardianship or the powers sought are unnecessary or
overly restrictive.

Section 5 of this bill amends Mental Hygiene Law § 81.16 to provide that
when a social services official or agency is appointed as guardian,
counsel for that official or agency shall prepare and submit the
proposed order to the court.

Section 6 of this bill adds a new provision to Mental Hygiene Law §
81.17 making a social services official or agency a party to the
proceeding when nominated or considered for appointment as guardian,
granting full participation rights, including the authority to issue
subpoenas and to implead a social services official from another social
services district upon a showing that such district may be the appropri-
ate party.

Section 7 of this bill amends Mental Hygiene Law § 81.19 to prohibit a
court from appointing a social services official or agency as guardian,
temporary guardian, or special guardian without the written consent of
such official or agency, and to ensure full participation rights when
such an appointment is proposed. Section 8 of this bill amends Mental
Hygiene Law § 81.20 to authorize a social services official or agency
appointed as guardian to delegate authority to subordinate employees or
agents acting on its behalf within the scope of the court-granted
powers.
 
JUSTIFICATION:

New York's social services system relies on local districts to adminis-
ter services on behalf of the state, making Local Departments of Social
Services (LDSS) responsible to serve vulnerable populations but also
increasingly treated as the "guardian of last resort" in guardianship
cases. Guardianship transfers significant legal rights, yet LDSS offi-
cials are sometimes appointed as guardians without notice or consent,
creating risks for alleged incapacitated persons and exposing local
agencies to legal liability. This bill seeks to make LDSS true partners
in guardianship proceedings by requiring notice, participation, and a
good-faith basis for their appointment, rather than automatic or default
selection. It clarifies which social services district should serve as
guardian when jurisdiction is unclear and allows commissioners to dele-
gate guardianship duties to appropriate staff. The legislation also aims
to prevent misuse of guardianship proceedings by hospitals, nursing
homes, or other entities to facilitate discharge or collect debt, ensur-
ing that guardianship is used only when it is genuinely in the best
interests of the alleged incapacitated person.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

No fiscal implications. This bill is changing statute and should not
require any funding.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.

2025-S9205 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9205
 
                             I N  S E N A T E
 
                             February 13, 2026
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to requirements  for
   the  appointment  of a guardian for personal needs or property manage-
   ment; and to amend the banking law, in relation to bank statements for
   Medicaid applications

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  81.05  of  the  mental hygiene law is amended by
 adding a new subdivision (c) to read as follows:
   (C) NOTWITHSTANDING SUBDIVISIONS (A) AND (B) OF  THIS  SECTION,  IF  A
 SOCIAL  SERVICES  OFFICIAL  OR  AGENCY  IS  NOMINATED AS GUARDIAN, OR IS
 OTHERWISE CONSIDERED TO BE APPOINTED  AS  GUARDIAN,  AND  HAS  NOT  BEEN
 PROVIDED WITH NOTICE AS REQUIRED BY SUBPARAGRAPH (V) OF PARAGRAPH ONE OF
 SUBDIVISION  (G)  OF  SECTION  81.07  OF THIS ARTICLE, SUCH NOMINATED OR
 CONSIDERED SOCIAL SERVICES OFFICIAL OR  AGENCY  SHALL  BE  PERMITTED  TO
 PROVIDE  INFORMATION  TO THE COURT AS TO THE APPROPRIATE SOCIAL SERVICES
 OFFICIAL OR AGENCY TO BE CONSIDERED.
   § 2. Section 81.06 of the mental hygiene law is amended  by  adding  a
 new subdivision (b) to read as follows:
   (B)  NO  ENTITY  SHALL  COMMENCE A PROCEEDING PURSUANT TO THIS SECTION
 SOLELY TO  COLLECT  A  DEBT  OF  AN  ALLEGED  INCAPACITATED  PERSON,  TO
 DISCHARGE THE ALLEGED INCAPACITATED PERSON FROM A HOSPITAL, NURSING HOME
 OR OTHER INSTITUTION THAT HAS A DUTY TO CARE FOR SUCH PERSON, OR TO TAKE
 ANY  OTHER ACTION THAT IS NOT IN THE BEST INTERESTS OF THE ALLEGED INCA-
 PACITATED PERSON.
   § 3. Paragraph 15 of subdivision (a) of section 81.08  of  the  mental
 hygiene law, as added by chapter 698 of the laws of 1992, is amended and
 a new paragraph 16 is added to read as follows:
   15.  any  other  information  which  in  the petitioner's opinion will
 assist the court evaluator in completing the investigation and report in
 accordance with section 81.09 of this article[.];
   16. ANY REQUEST, IF ANY,  FOR  PROTECTIVE  ARRANGEMENT  AND/OR  SINGLE
 TRANSACTIONS AS AN ALTERNATIVE TO FULL GUARDIANSHIP SHALL BE CONSIDERED,
 SUPPORTED BY SPECIFIC FINDINGS ON THE RECORD.
   §  4.  Subdivision  (c)  of section 81.16 of the mental hygiene law is
 amended by adding a new paragraph 7 to read as follows:

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14026-02-6
 S. 9205                             2

   7. IF A SOCIAL SERVICES OFFICIAL IS APPOINTED AS GUARDIAN, COUNSEL FOR
 THE SOCIAL SERVICES OFFICIAL  SHALL  PREPARE  AND  SUBMIT  THE  PROPOSED
 ORDER.
   §  5. Section 81.17 of the mental hygiene law, as added by chapter 698
 of the laws of 1992, is amended to read as follows:
   § 81.17 Nomination of guardian.
   (A) In the  petition,  or  in  a  written  instrument  duly  executed,
 acknowledged,  and  filed  in the proceeding before the appointment of a
 guardian, the person alleged to be incapacitated may nominate a  guardi-
 an.
   (B)  IF  THE  NOMINATED GUARDIAN IS A SOCIAL SERVICES OFFICIAL, OR THE
 COURT CONSIDERS THE APPOINTMENT OF A SOCIAL SERVICES OFFICIAL AS GUARDI-
 AN WHEN NO GUARDIAN HAS BEEN NOMINATED,  THE  SOCIAL  SERVICES  OFFICIAL
 SHALL  BE  A PARTY TO THE ACTION, WITH THE RIGHT TO FULLY PARTICIPATE IN
 THE GUARDIANSHIP PROCEEDING, INCLUDING THE RIGHT TO RESPOND  TO,  MODIFY
 OR  OPPOSE  ANY  SUCH  NOMINATION  OR THE POWERS TO BE EXERCISED BY SUCH
 GUARDIAN. SUCH SOCIAL SERVICES OFFICIALS SHALL ALSO HAVE  THE  RIGHT  TO
 IMPLEAD  A  SOCIAL  SERVICES  OFFICIAL  FROM A DIFFERENT SOCIAL SERVICES
 DISTRICT IF IT BELIEVES THAT SOCIAL SERVICES DISTRICT TO BE  THE  PROPER
 PARTY TO THE PROCEEDING OR THE PROPER DISTRICT OF FISCAL RESPONSIBILITY.
   §  6.  Section  81.19 of the mental hygiene law is amended by adding a
 new subdivision (h) to read as follows:
   (H) NO SOCIAL SERVICES OFFICIAL OR AGENCY SHALL BE ORDERED BY A  COURT
 TO  BE  A  GUARDIAN, TEMPORARY GUARDIAN OR SPECIAL GUARDIAN WITHOUT SUCH
 OFFICIAL'S OR AGENCY'S WRITTEN CONSENT. IF SUCH SOCIAL SERVICES OFFICIAL
 OR AGENCY IS NOMINATED TO BE SUCH A GUARDIAN BY ANY OTHER  ENTITY,  SUCH
 SOCIAL  SERVICES  OFFICIAL  OR AGENCY SHALL BE A PARTY TO THE ACTION AND
 SHALL BE PERMITTED TO FULLY PARTICIPATE, INCLUDING THE RIGHT TO RESPOND,
 MODIFY OR OPPOSE ANY SUCH NOMINATION OR THE POWERS TO  BE  EXERCISED  BY
 SUCH GUARDIAN.
   §  7.  Subdivision  (a)  of section 81.20 of the mental hygiene law is
 amended by adding a new paragraph 8 to read as follows:
   8. IF THE GUARDIAN IS A SOCIAL SERVICES OFFICIAL  OR  AGENCY,  IT  MAY
 DELEGATE  ANY  SUBORDINATE  EMPLOYEES OR AGENTS TO ACT ON ITS BEHALF AND
 WITH ITS AUTHORITY.
   § 8. Section 81.36 of the mental hygiene law is amended  by  adding  a
 new subdivision (f) to read as follows:
   (F)  NOT  WITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AN INTER-
 ESTED PARTY, INCAPACITATED PERSON, OR PERSON IN NEED OF A  GUARDIAN  MAY
 MAKE  AN  APPLICATION  PURSUANT  TO THE PROVISIONS OF THIS SECTION FOR A
 MODIFICATION OF POWERS GRANTED  UNDER  THIS  ARTICLE  WHERE  A  MEDICAID
 APPLICATION WAS THE ONLY NECESSARY POWER.
   §  9.  Subdivision  1  of  section 14 of the banking law is amended by
 adding a new paragraph (r) to read as follows:
   (R) TO REQUIRE EVERY BANKING ORGANIZATION,  NATIONAL  BANKING  ASSOCI-
 ATION, FEDERAL MUTUAL SAVINGS BANK, FEDERAL SAVINGS AND LOAN ASSOCIATION
 AND  FEDERAL CREDIT UNION TO PROVIDE ALL NECESSARY BANK STATEMENTS FOR A
 MEDICAID APPLICATION TO A REQUESTING DEPARTMENT OF SOCIAL SERVICES WITH-
 IN THIRTY DAYS OF HAVING RECEIVED SUCH REQUEST.
   § 10. This act shall take effect on  the  one  hundred  eightieth  day
 after  it  shall have become a law. Effective immediately, the addition,
 amendment and/or repeal of any rule  or  regulation  necessary  for  the
 implementation  of  this  act on its effective date are authorized to be
 made and completed on or before such effective date.

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Senate Bill S9205

Sponsored By

Current Bill Status - In Senate Committee Mental Health Committee

Actions

co-Sponsors

2025-S9205 (ACTIVE) - Details

2025-S9205 (ACTIVE) - Summary

2025-S9205 (ACTIVE) - Sponsor Memo

2025-S9205 (ACTIVE) - Bill Text download pdf

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Sponsored By

Robert Jackson

Current Bill Status - In Senate Committee Mental Health Committee

Actions

co-Sponsors

Leroy Comrie

2025-S9205 (ACTIVE) - Details

2025-S9205 (ACTIVE) - Summary

2025-S9205 (ACTIVE) - Sponsor Memo

2025-S9205 (ACTIVE) - Bill Text download pdf

Comments