-  This bill is not active in this session.
 

A00857 Summary:

BILL NO    A00857 

SAME AS    SAME AS S02534

SPONSOR    Weinstein (MS)

COSPNSR    Millman, Jaffee, Galef, Stirpe, Titone, Mosley, Weprin, Sepulveda

MLTSPNSR   Clark, Dinowitz, Jacobs, O'Donnell, Raia, Sweeney, Zebrowski

Add Art 83 SS83.01 - 83.45, amd S81.18, Ment Hyg L; amd S1758, SCPA

Enacts the uniform guardianship and protective proceedings jurisdiction act.
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A00857 Actions:

BILL NO    A00857 

01/09/2013 referred to judiciary
03/12/2013 reported referred to codes
04/16/2013 reported 
04/18/2013 advanced to third reading cal.133
04/22/2013 passed assembly
04/22/2013 delivered to senate
04/22/2013 REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
04/30/2013 SUBSTITUTED FOR S2534
04/30/2013 3RD READING CAL.173
04/30/2013 PASSED SENATE
04/30/2013 RETURNED TO ASSEMBLY
10/11/2013 delivered to governor
10/23/2013 signed chap.427
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A00857 Votes:

A00857 04/22/2013 137/0
AbbateYColtonYGarbariYKearnsYMillerYReilichYSteckY
AbinantYCookYGibsonYKellnerYMillmanYRiveraYStevensER
ArroyoYCorwinYGiglioYKimYMontesaYRobertsYStirpeY
AubryYCrespoERGjonajYKolbYMorelleYRobinsoYSweeneyY
BarclayYCrouchYGlickYLalorYMosleyYRodriguYTediscoY
BarrettYCurranYGoldfedYLavineYMoyaYRosaYTenneyY
BarronERCusickYGoodellYLentolYNojayYRosenthYThieleY
BenedetYCymbrowYGottfriYLiftonYNolanYRozicYTitoneER
BlankenERDenDekkYGrafYLope PDYOaksYRussellYTitusY
BorelliYDinowitYGuntherYLope VJYO'DonneYRyanYWalterY
BoylandYDiPietrYHawleyYLupardoYOrtizYSaladinYWeinsteY
BraunstYDupreyYHeastieYLupinacYOtisYSantabaYWeisenbY
BrennanYEnglebrYHennessYMageeYPalmesaYScarborYWeprinY
BrindisYEspinalYHevesiYMagnareYPaulinYSchimelYWrightY
BronsonYFahyYHikindERMaiselYPeoplesYSchimmiYZebrowsY
Brook-KYFarrellYHooperERMalliotERPerryYSepulveYMr SpkrY
BuchwalYFinchYJacobsYMarkeyYPretlowYSimanowY
ButlerYFitzpatYJaffeeYMayerYQuartERSimotasY
CahillYFriendYJohnsYMcDonalYRaYSkartadY
CamaraERGabryszYJordanYMcDonouYRabbittYSkoufisY
CerettoYGalefYKatzYMcKevitYRaiaYSolagesY
ClarkERGanttYKavanagYMcLaughYRamosYStecY

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A00857 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A857               REVISED 03/12/13
 
SPONSOR: Weinstein (MS)
  TITLE OF BILL: An act to amend the mental hygiene law and the surro- gate's court procedure act, in relation to establishing the uniform guardianship and protective proceedings jurisdiction act   PURPOSE OF BILL: The bill addresses the issue of jurisdiction over adult guardianships & other protective proceedings, providing a mechanism for resolving multi-state jurisdictional disputes.   SUMMARY OF PROVISIONS OF BILL: Section 1 of the bill adds a new article 83 to the Mental Hygiene Law (MHL) to provide for the Uniform Guardianship and Protective Proceedings Jurisdiction Act. MHL § 83.01 sets forth a short title of article 83 of the mental hygiene law as the Uniform Guardianship and Protective Proceedings Jurisdiction Act. MHL § 83.03 is the definition section for terms used in the Uniform Guardianship and Protective Proceedings Jurisdiction Act. MHL § 83.05 provides a framework for honoring the guardianship orders of other countries. MHL § 83.07 provides a framework for communication between courts in different states concerning a guardianship proceeding. MHL § 83.09 outlines procedures for cooperation between courts in different states. MHL § 83.11 outlines acceptable methods for a court in this state to obtain testimony from a witness located in another state. MHL § 83.13 provides the factors a court may use to determine whether a respondent has a significant connection with a particular state for purposes of establishing jurisdiction. MHL § 83.15 provides that this article, subject to section 81.18 of the mental hygiene law, forms the exclusive jurisdictional basis for a New York State court to appoint a guardian or issue a protective order for an adult. MHL § 83.17 defines a three-level priority system for a New York State court to establish jurisdiction to appoint a guardian of a person or issue a protective order. MHL § 83.19 outlines the special circumstances where, regardless of whether a New York State court has jurisdiction under the general juris- diction principles outlined in § 83.09, a court may appoint a guardian or issue a protective order. MHL § 83.21 provides that a New York State court that has appointed a guardian or issued a protective order under this Act has continuing and exclusive jurisdiction until the proceeding is terminated or the appointment expires. MHL § 83.23 authorizes a New York State court to decline jurisdiction if it determines that the court of another state is a more appropriate forum, and specifies the factors to be taken into account in making this determination. MHL § 83.25 authorizes a New York State court to decline jurisdiction or create another appropriate remedy if jurisdiction was acquired due to unjustifiable conduct. MHL § 83.27 provides special notice requirements if a proceeding is brought in a state other than the respondent's home state. MHL § 83.29 specifies a procedure for resolving jurisdictional issues if petitions are pending in more than one state. MHL § 83.31 specifies a procedure for transferring a guardianship to another state. To make the transfer, court orders are necessary from both the New York State court transferring the case and from the out-of- state court accepting the case. MHL.§ 83.33 outlines a procedure for a New York State court to accept a guardianship proceeding transferred from another state. MHL § 83.35 provides a procedure for a guardian appointed in another state to register the out-of-state guardianship judgment in a New York State court. MHL § 83.37 provides a procedure for a guardian appointed in another state to register a protective order from an out-of-state court in a New York State court. MHL § 83.39 outlines that upon registration of an out-of-state guardian- ship or protective order, the guardian may exercise all powers author- ized in the order except as prohibited by the laws of New York State. § 83.41 provides language to encourage uniformity in the application and construction of the Uniform Guardianship and Protective Proceedings Jurisdiction Act. MHL § 83.43 provides for relation to electronic signatures in the global and national commerce act. MHL § 83.45 provides for transitional provisions. Section 2 amends the surrogate's court procedure act section 1758 to reflect the addition of article 83 to the mental hygiene law. Section 3 amends the mental hygiene law section 81.18 to allow a New York State court to use provisions of article 83 of the mental hygiene law when dealing with a foreign guardian not present in New York State. Section 4 provides an effective date 180 days after the act becomes law.   JUSTIFICATION: Due to increasing population mobility, cases involving simultaneous and conflicting jurisdiction over guardianship are increasing. Adult guardi- anship jurisdiction issues commonly arise in situations involving snow- birds, transferred/long-distance care giving arrangements, interstate health markets, wandering, and even the occasional incidence of elderly kidnapping. The process of appointing a guardian is handled in state courts. Often, jurisdiction in adult guardianship cases is complicated because multiple states, each with its own adult guardianship system, may have an interest in the case. Consequently, it may be unclear which state court has jurisdiction to decide the guardianship issue. The U.S. has 55 different adult guardianship systems, and the only data available is from 1987, which estimated 400,000 adults in the U.S. have a court- appointed guardian. Even though no current data exists, demographic trends suggest that today this number probably is much higher. In response to this common jurisdictional confusion, the Uniform Law Commission developed the uniform guardianship and protective proceedings jurisdiction act (UAGPPJA). The legislation establishes a uniform set of rules for determining jurisdiction, and thus, simplifies the process for determining jurisdiction between multiple states in adult guardianship cases. It also establishes a framework that allows state court judges in different states to communicate with each other about adult guardianship cases. This legislation would provide a significant savings to the New York State court system by avoiding costly duplicative guardianship eases. Currently, thirty one other states have adopted the uniform guardianship and protective proceedings jurisdiction act.   LEGISLATIVE HISTORY: 2012: A.10416-A.Judi   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: 180 days after the act becomes law.
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A00857 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           857
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by M. of A. WEINSTEIN, MILLMAN, JAFFEE, GALEF -- Multi-Spon-
          sored by -- M. of A.  CLARK, DINOWITZ, JACOBS, O'DONNELL, RAIA,  SWEE-
          NEY, ZEBROWSKI -- read once and referred to the Committee on Judiciary
 
        AN  ACT to amend the mental hygiene law and the surrogate's court proce-

          dure act, in relation to establishing  the  uniform  guardianship  and
          protective proceedings jurisdiction act
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The mental hygiene law is amended by adding a  new  article
     2  83 to read as follows:
     3                                 ARTICLE 83
     4      UNIFORM GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT
     5  Section 83.01 Short title.
     6          83.03 Definitions.
     7          83.05 International application of this article.
     8          83.07 Communication between courts.
     9          83.09 Cooperation between courts.
    10          83.11 Taking testimony in another state.
    11          83.13 Significant connection factors.

    12          83.15 Exclusive basis.
    13          83.17 Jurisdiction.
    14          83.19 Special jurisdiction.
    15          83.21 Exclusive and continuing jurisdiction.
    16          83.23 Appropriate forum.
    17          83.25 Jurisdiction declined by reason of conduct.
    18          83.27 Notice of proceeding.
    19          83.29 Proceedings in more than one state.
    20          83.31 Transfer  of  guardianship  or  conservatorship to another
    21                  state.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02650-01-3

        A. 857                              2
 

     1          83.33 Accepting guardianship or conservatorship transferred from
     2                  another state.
     3          83.35 Registration  of  orders  appointing  a  guardian  of  the
     4                  person.
     5          83.37 Registration of protective orders.
     6          83.39 Effect of registration.
     7          83.41 Uniformity of application and construction.
     8          83.43 Relation to electronic signatures in global  and  national
     9                  commerce act.
    10          83.45 Transitional provision.
    11  § 83.01 Short title.
    12    This  article  shall  be  known and may be cited as the "uniform adult
    13  guardianship and protective proceedings jurisdiction act".
    14  § 83.03 Definitions.

    15    For purposes of this article, the following definitions shall apply:
    16    (a) "Adult" means an individual who has  attained  eighteen  years  of
    17  age.
    18    (b)  "Emergency"  means  a  circumstance  that  likely  will result in
    19  substantial harm to a respondent's health, safety or  welfare,  and  for
    20  which the appointment of a guardian is necessary because no other person
    21  has authority and is willing to act on the respondent's behalf.
    22    (c)  "Guardian  of the property" means a person appointed by the court
    23  to administer the property of an adult,  including  a  person  appointed
    24  under  article  eighty-one  of this title and article seventeen-A of the
    25  surrogate's court procedure act, and including a  conservator  appointed

    26  by a court in another state.
    27    (d)  "Guardian of the person" means a person appointed by the court to
    28  make decisions regarding the person of  an  adult,  including  a  person
    29  appointed under article eighty-one of this title and article seventeen-A
    30  of the surrogate's court procedure act.
    31    (e)  "Home  state"  means  the state in which the respondent was phys-
    32  ically present, including any period of temporary absence, for at  least
    33  six consecutive months immediately before the filing of a petition for a
    34  protective  order  or the appointment of a guardian of the person; or if
    35  none, the state in which the respondent was physically present,  includ-
    36  ing any period of temporary absence, for at least six consecutive months

    37  ending within the six months prior to the filing of the petition.
    38    (f)  "Party" means the respondent, petitioner, guardian of the person,
    39  conservator guardian of the property, or any other person allowed by the
    40  court to participate in a guardianship proceeding for the appointment of
    41  a guardian of the person or a protective proceeding.
    42    (g) "Person", except in the term incapacitated person for whom a guar-
    43  dian of the person has been appointed  or  protected  person,  means  an
    44  individual,  corporation,  business  trust,  estate, trust, partnership,
    45  limited liability company, association,  joint  venture,  public  corpo-
    46  ration, government or governmental subdivision, agency or instrumentali-
    47  ty, or any other legal or commercial entity.

    48    (h)  "Protected person" means an adult for whom a protective order has
    49  been issued.
    50    (i) "Protective order" means an order appointing a conservator guardi-
    51  an of the property or other order related to management  of  an  adult's
    52  property.
    53    (j)  "Protective  proceeding"  means  a judicial proceeding in which a
    54  protective order is sought or has been issued.

        A. 857                              3
 
     1    (k) "Record" means information that is inscribed on a tangible  medium
     2  or that is stored in an electronic or other medium and is retrievable in
     3  perceivable form.
     4    (l)  "Respondent"  means  an  adult for whom a protective order or the
     5  appointment of a guardian of the person is sought.

     6    (m) "Significant-connection state" means a state, other than the  home
     7  state,  with  which a respondent has a significant connection other than
     8  mere physical presence and in which substantial evidence concerning  the
     9  respondent is available.
    10    (n) "State" means a state of the United States, the District of Colum-
    11  bia,  Puerto  Rico, the United States Virgin Islands, a federally recog-
    12  nized Indian tribe, or any territory or insular  possession  subject  to
    13  the jurisdiction of the United States.
    14  § 83.05 International application of this article.
    15    A  court  of  this  state  may treat a foreign country as if it were a
    16  state for the purpose of applying sections 83.01 through 83.37  of  this
    17  article.

    18  § 83.07 Communication between courts.
    19    (a)  A  court  of  this  state may communicate with a court in another
    20  state concerning a proceeding arising under this article. The court  may
    21  allow the parties to participate in the communication.
    22    (b)  If  the  parties  are  not allowed to participate in the communi-
    23  cation, the court shall give all  parties  the  opportunity  to  present
    24  facts  and legal arguments before the court issues an order establishing
    25  jurisdiction.
    26    (c) Except as otherwise provided in subdivision (d) of  this  section,
    27  the  court  shall  make a record of any communication under this section
    28  and promptly inform the parties of  the  communication  and  grant  them
    29  access to the record.

    30    (d)  Courts  may  communicate  concerning  schedules, calendars, court
    31  records and other administrative matters without making a record.
    32  § 83.09 Cooperation between courts.
    33    (a) In a proceeding for the appointment of a guardian of the person or
    34  protective proceeding in this state, a court of this state  may  request
    35  the appropriate court of another state to do any of the following:
    36    1. hold an evidentiary hearing;
    37    2.  order a person in that state to produce evidence or give testimony
    38  pursuant to procedures of that state;
    39    3. order that an evaluation or assessment be made of the respondent;
    40    4. order any appropriate investigation  of  a  person  involved  in  a
    41  proceeding;

    42    5.  forward  to  the court of this state a certified copy of the tran-
    43  script or other record of a hearing under paragraph one of this subdivi-
    44  sion or any other proceeding,  any  evidence  otherwise  produced  under
    45  paragraph  two  of  this  subdivision,  and any evaluation or assessment
    46  prepared in compliance with an order under paragraph three  or  four  of
    47  this subdivision;
    48    6.  issue any order necessary to assure the appearance in the proceed-
    49  ing of a person whose presence is necessary for  the  court  to  make  a
    50  determination, including the respondent or the person subject to a guar-
    51  dianship of the person or protected person; and
    52    7. issue an order authorizing the release of medical, financial, crim-

    53  inal,  or  other relevant information in that state, including protected
    54  health information.
    55    (b) The court may receive any evidence produced pursuant  to  subdivi-
    56  sion  (a)  of  this  section in the same manner that it would admit into

        A. 857                              4
 
     1  evidence the report of a court evaluator after the court  evaluator  had
     2  been subject to cross examination;
     3    (c)  If a court of another state in which a guardianship or protective
     4  proceeding is pending requests assistance of the kind provided in subdi-
     5  vision (a) of this section, a court of this state has  jurisdiction  for
     6  the limited purpose of granting the request or making reasonable efforts
     7  to comply with the request.

     8  § 83.11 Taking testimony in another state.
     9    (a) In a proceeding for the appointment of a guardian of the person or
    10  protective  proceeding,  in  addition  to  other  procedures that may be
    11  available, testimony of a witness who is located in another state may be
    12  offered by deposition or other means allowable in this state for  testi-
    13  mony  taken in another state. The court on its own motion may order that
    14  the testimony of a witness be taken in another state and  may  prescribe
    15  the  manner  in  which  and  the terms upon which the testimony is to be
    16  taken.
    17    (b) In a proceeding for the appointment of a guardian of the person or
    18  protective proceeding, a court  in  this  state  may  permit  a  witness

    19  located  in  another  state  to be deposed or to testify by telephone or
    20  audiovisual or other electronic means. A court of this state shall coop-
    21  erate with the court of the other state in  designating  an  appropriate
    22  location for the deposition or testimony.
    23    (c)  Documentary evidence transmitted from another state to a court of
    24  this state by technological means that do not produce an original  writ-
    25  ing  may not be excluded from evidence on an objection based on the best
    26  evidence rule.
    27  § 83.13 Significant connection factors.
    28    In determining under section 83.17  and  subdivision  (e)  of  section
    29  83.31  of this article whether a respondent has a significant connection

    30  with a particular state, the court shall consider:
    31    (a) the location of the respondent's family and other persons required
    32  to be notified of the proceeding;
    33    (b) the length of time the respondent at any time was physically pres-
    34  ent in the state and the duration of any absence;
    35    (c) the location of the respondent's property; and
    36    (d) the extent to which the respondent has ties to the state  such  as
    37  voting registration, state or local tax return filing, vehicle registra-
    38  tion, driver's license, social relationship, and receipt of services.
    39  § 83.15 Exclusive basis.
    40    Subject  to  section  81.18  of  this title, this article provides the
    41  exclusive jurisdictional basis for a court of this state  to  appoint  a

    42  guardian of the person or issue a protective order for an adult.
    43  § 83.17 Jurisdiction.
    44    A  court  of  this state has jurisdiction to appoint a guardian of the
    45  person or issue a protective order for a respondent if:
    46    (a) the state is the respondent's home state;
    47    (b) on the date the petition is filed, this state  is  a  significant-
    48  connection state and:
    49    1.  the  respondent  does  not  have  a  home  state or a court of the
    50  respondent's home state has declined to  exercise  jurisdiction  because
    51  this state is a more appropriate forum; or
    52    2.  the  respondent has a home state, a petition for an appointment or
    53  order is not pending in a court of that  state  or  another  significant

    54  connection  state,  and before the court makes the appointment or issues
    55  the order:

        A. 857                              5
 
     1    (i) a petition for an  appointment  or  order  is  not  filed  in  the
     2  respondent's home state;
     3    (ii) an objection to the court's jurisdiction is not filed by a person
     4  required to be notified of the proceeding; and
     5    (iii)  the  court  in  this  state concludes that it is an appropriate
     6  forum under the factors set forth in section 83.23 of this article;
     7    (c) this state does not have jurisdiction under either subdivision (a)
     8  or (b) of this section, the respondent's home  state  and  all  signifi-
     9  cant-connection  states  have  declined to exercise jurisdiction because

    10  this state is the more appropriate forum, and jurisdiction in this state
    11  is consistent with the  constitutions  of  this  state  and  the  United
    12  States; or
    13    (d)  the  requirements for special jurisdiction under section 83.19 of
    14  this article are met.
    15  § 83.19 Special jurisdiction.
    16    (a) A court of this state lacking jurisdiction under section 83.17  of
    17  this article has special jurisdiction to do any of the following:
    18    1.  appoint  a  guardian  of the person in an emergency for a term not
    19  exceeding ninety days for a respondent who is physically present in this
    20  state;
    21    2. issue a protective  order  with  respect  to  a  real  or  tangible
    22  personal property located in this state; and

    23    3.  appoint a guardian of the person or a guardian of the property for
    24  a person subject to a guardianship of the person or protected person for
    25  whom a provision order to transfer the proceeding from another state has
    26  been issued under procedures similar to section 83.31 of this article.
    27    (b) If a petition for the appointment of a guardian of the  person  in
    28  an  emergency  is  brought  in  this  state  and  this state was not the
    29  respondent's home state on the date the petition was  filed,  the  court
    30  shall  dismiss  the  proceeding  at the request of the court of the home
    31  state, if any, whether dismissal is requested before or after the  emer-
    32  gency appointment.
    33  § 83.21 Exclusive and continuing jurisdiction.

    34    Except as otherwise provided in section 83.19 of this article, a court
    35  that has appointed a guardian of the person or issued a protective order
    36  consistent  with  this article has exclusive and continuing jurisdiction
    37  over the proceedings until it is terminated by the court or the appoint-
    38  ment or order expires by its own terms.
    39  § 83.23 Appropriate forum.
    40    (a) A court of this state having jurisdiction under section  83.17  of
    41  this  article  to appoint a guardian of the person or issue a protective
    42  order may decline to exercise its jurisdiction if it determines  at  any
    43  time that a court of another state is a more appropriate forum.
    44    (b)  If  a  court  of this state declines to exercise its jurisdiction

    45  under subdivision (a) of this section, it shall either dismiss  or  stay
    46  the  proceeding.  The court may impose any condition the court considers
    47  just and proper,  including  the  condition  that  a  petition  for  the
    48  appointment  of  a  guardian  of  the person or issuance of a protective
    49  order be filed promptly in another state.
    50    (c) In determining whether it is an appropriate forum, the court shall
    51  consider all relevant factors, including:
    52    1. any expressed preference of the respondent;
    53    2. whether abuse,  neglect  or  exploitation  of  the  respondent  has
    54  occurred  or  is likely to occur, and which state could best protect the
    55  respondent from the abuse, neglect or exploitation;


        A. 857                              6
 
     1    3. the length of time the respondent was physically present in or  was
     2  a legal resident of this or another state;
     3    4. the distance of the respondent from the court in each state;
     4    5. the financial circumstances of the respondent's estate;
     5    6. the nature and location of the evidence;
     6    7.  the  ability  of the court in each state to decide the issue expe-
     7  ditiously and the procedures necessary to present evidence;
     8    8. the familiarity of the court of  each  state  with  the  facts  and
     9  issues in the proceeding; and
    10    9.  if  an  appointment  were made, the court's ability to monitor the
    11  conduct of the guardian or conservator.

    12  § 83.25 Jurisdiction declined by reason of conduct.
    13    (a) If at any time a court of this state determines that  it  acquired
    14  jurisdiction  to  appoint a guardian of the person or issue a protective
    15  order because of unjustifiable conduct, the court may:
    16    1. decline to exercise jurisdiction;
    17    2. exercise jurisdiction for the  limited  purpose  of  fashioning  an
    18  appropriate  remedy  to  ensure  the  health,  safety and welfare of the
    19  respondent, or the protection of the respondent's property or prevent  a
    20  repetition  of the unjustifiable conduct, including staying the proceed-
    21  ing until a petition for the appointment of a guardian of the person  or
    22  issuance  of  a  protective  order  is filed in a court of another state

    23  having jurisdiction; or
    24    3. continue to exercise jurisdiction after considering:
    25    (i) the extent to which the respondent and all persons required to  be
    26  notified  of  the  proceedings  have  acquiesced  in the exercise of the
    27  court's jurisdiction;
    28    (ii) whether it is a more appropriate forum  than  the  court  of  any
    29  other  state  under  the factors set forth in subdivision (c) of section
    30  83.23 of this article; and
    31    (iii) whether the court of any other  state  would  have  jurisdiction
    32  under factual circumstances in substantial conformity with the jurisdic-
    33  tional standards of section 83.17 of this article.
    34    (b)  If a court of this state determines that it acquired jurisdiction

    35  to appoint a guardian of the person or issue a protective order  because
    36  a  party  seeking  to  invoke  its jurisdiction engaged in unjustifiable
    37  conduct, it may assess  against  that  party  necessary  and  reasonable
    38  expenses,  including  attorney's  fees, investigative fees, court costs,
    39  communication expenses, witness fees and expenses, and travel  expenses.
    40  The  court  may  not  assess fees, costs or expenses of any kind against
    41  this state or a governmental subdivision, agency or  instrumentality  of
    42  this state unless authorized by law other than this article.
    43  § 83.27 Notice of proceeding.
    44    If a petition for the appointment of a guardian of the person or issu-
    45  ance  of  a protective order is brought in this state and this state was

    46  not the respondent's home state on the date the petition was  filed,  in
    47  addition to complying with the notice requirements of this state, notice
    48  of  the petition must be given to those persons who would be entitled to
    49  notice of the petition if a proceeding were brought in the  respondent's
    50  home  state.  The  notice  must be given in the same manner as notice is
    51  required to be given in this state.
    52  § 83.29 Proceedings in more than one state.
    53    Except for a petition for the appointment of a guardian of the  person
    54  in  an  emergency  or issuance of a protective order limited to property
    55  located in this state under paragraph one or two of subdivision  (a)  of
    56  section  83.19  of  this article, if a petition for the appointment of a

        A. 857                              7
 
     1  guardian of the person or issuance of a protective  order  is  filed  in
     2  this  state and in another state and neither petition has been dismissed
     3  or withdrawn, the following rules apply:
     4    (a) If the court in this state has jurisdiction under section 83.17 of
     5  this  article,  it  may  proceed with the case unless a court in another
     6  state acquires jurisdiction under provisions  similar  to  such  section
     7  before the appointment or issuance of the order.
     8    (b)  If  the  court  in  this  state  does not have jurisdiction under
     9  section 83.17 of this article, whether at the time the petition is filed
    10  or at any time before the appointment or  issuance  of  the  order,  the

    11  court  shall  stay  the proceeding and communicate with the court in the
    12  other state. If the court in the other state has jurisdiction, the court
    13  in this state shall dismiss the petition unless the court in  the  other
    14  state  determines  that  the  court  in this state is a more appropriate
    15  forum.
    16  § 83.31 Transfer of guardianship or conservatorship to another state.
    17    (a) A guardian of the person or a guardian of the  property  appointed
    18  in  this  state  may  petition the court to transfer the guardianship to
    19  another state.
    20    (b) Notice of a petition under subdivision (a) of this section must be
    21  given to the persons that would be entitled to notice of a  petition  in

    22  this state for the appointment of a guardian of the person or a guardian
    23  of the property.
    24    (c)  On  the  court's  own motion or on request of the guardian of the
    25  person, the guardian of the property, the person subject to the  guardi-
    26  anship  of the person, or the protected person, or other person required
    27  to be notified of the petition, the court shall  hold  a  hearing  on  a
    28  petition filed pursuant to subdivision (a) of this section.
    29    (d)  The  court shall issue an order provisionally granting a petition
    30  to transfer a guardianship of the person and shall direct  the  guardian
    31  of  the  person  to petition for guardianship of the person in the other
    32  state if the court is satisfied that the guardianship of the person will

    33  be accepted by the court in the other state and the court finds that:
    34    1. the person subject to the guardianship of the person is  physically
    35  present  in  or  is reasonably expected to move permanently to the other
    36  state;
    37    2. an objection to the transfer has not been made or, if an  objection
    38  has  been made, the objector has not established that the transfer would
    39  be contrary to the interests of the person subject to  the  guardianship
    40  of the person; and
    41    3. plans for care and services for the person subject to the guardian-
    42  ship of the person in the other state are reasonable and sufficient.
    43    (e)  The  court shall issue a provisional order granting a petition to

    44  transfer a guardianship of the property and shall direct the guardian of
    45  the property to petition for guardianship of the property in  the  other
    46  state  if  the  court is satisfied that the guardianship of the property
    47  will be accepted by the court of the other state  and  the  court  finds
    48  that:
    49    1.  the  protected  person  is  physically present in or is reasonably
    50  expected to move permanently to the other state, or the protected person
    51  has a significant connection to the other state considering the  factors
    52  in section 83.13 of this article;
    53    2.  an objection to the transfer has not been made or, if an objection
    54  has been made, the objector has not established that the transfer  would

    55  be contrary to the interests of the protected person; and

        A. 857                              8
 
     1    3.  adequate arrangements will be made for management of the protected
     2  person's property.
     3    (f)  The  court  shall issue a final order confirming the transfer and
     4  terminating the guardianship of the person or property upon its  receipt
     5  of:
     6    1.  a  provisional  order  accepting  the proceeding from the court to
     7  which the  proceeding  is  to  be  transferred  which  is  issued  under
     8  provisions similar to section 83.33 of this article; and
     9    2. the documents required to terminate a guardianship of the person or
    10  property in this state.

    11  § 83.33 Accepting   guardianship  or  conservatorship  transferred  from
    12            another state.
    13    (a) To confirm transfer of a guardianship of the person  or  guardian-
    14  ship  of the property transferred to this state under provisions similar
    15  to section 83.31 of this article, the guardian of the person or guardian
    16  of the property must petition the court in this state pursuant to  arti-
    17  cle  eighty-one  of this title or article seventeen-A of the surrogate's
    18  court procedure act to accept the guardianship of the person or  guardi-
    19  anship  of  the  property. The petition must include a certified copy of
    20  the other state's provisional order of transfer.
    21    (b) Notice of a petition under subdivision (a) of this section must be

    22  given to those persons that would be entitled to notice if the  petition
    23  were a petition for the appointment of a guardian of the person or issu-
    24  ance  of  a  protective  order  in  both the transferring state and this
    25  state. The notice must be given in the same manner as notice is required
    26  to be given in this state.
    27    (c) On the court's own motion or on request of  the  guardian  of  the
    28  person  or guardian of the property, the person subject to the guardian-
    29  ship of the person or protected person, or other person required  to  be
    30  notified of the proceeding, the court shall hold a hearing on a petition
    31  filed pursuant to subdivision (a) of this section.
    32    (d)  The  court shall issue an order provisionally granting a petition

    33  filed under subdivision (a) of this section unless:
    34    1. an objection is made and the objector establishes that transfer  of
    35  the  proceeding  would be contrary to the interests of the incapacitated
    36  or protected person; or
    37    2. the guardian of the person or guardian of the property is  ineligi-
    38  ble for appointment in this state.
    39    (e)  The  court shall issue a final order accepting the proceeding and
    40  appointing the guardian of the person or guardian  of  the  property  as
    41  guardian  of  the  person or guardian of the property in this state upon
    42  its receipt from the court from which the  proceeding  is  being  trans-
    43  ferred of a final order issued under provisions similar to section 83.31

    44  of this article transferring the proceeding to this state.
    45    (f) Not later than ninety days after issuance of a final order accept-
    46  ing  transfer  of  a  guardianship  of the person or guardianship of the
    47  property, the court shall determine  whether  the  guardianship  of  the
    48  person  or  guardianship of the property needs to be modified to conform
    49  to the law of this state.
    50    (g) In granting a petition under this section, the court shall  recog-
    51  nize  a  guardianship order from the other state, including the determi-
    52  nation of incapacity and the appointment of the guardian of  the  person
    53  or guardian of the property.
    54    (h)  The  denial  by  a  court of this state of a petition to accept a

    55  guardianship of the person or guardianship of the  property  transferred
    56  from  another  state  does not affect the ability of the guardian of the

        A. 857                              9
 
     1  person or guardian of the property to seek appointment  as  guardian  of
     2  the  person  or  guardian  of  the  property in this state under article
     3  eighty-one of this title or article seventeen-A of the surrogate's court
     4  procedure act if the court has jurisdiction to make an appointment other
     5  than by reason of the provisional order of transfer.
     6  § 83.35 Registration of orders appointing a guardian of the person.
     7    If  a  guardian  of  the  person  by whatever name designated has been

     8  appointed in another state and a petition for the appointment of a guar-
     9  dian of the person is not pending in this state,  the  guardian  of  the
    10  person appointed in the other state, after giving notice to the appoint-
    11  ing court of an intent to register, may register the guardianship of the
    12  person  order  in this state by filing as a foreign judgment in a court,
    13  in any appropriate county of this state, certified copies of  the  order
    14  and letters of office.
    15  § 83.37 Registration of protective orders.
    16    If  a guardian of the property has been appointed in another state and
    17  a petition for a protective order is not  pending  in  this  state,  the
    18  guardian  of  the  property  appointed  in the other state, after giving

    19  notice to the appointing court of an intent to  register,  may  register
    20  the  protective order in this state by filing as a foreign judgment in a
    21  court of this state, in any county in which property  belonging  to  the
    22  protected  person  is located, certified copies of the order and letters
    23  of office and of any bond. Thereafter, said  guardian  of  the  property
    24  shall comply with the requirements of subparagraph (vi) of paragraph six
    25  of  subdivision  (a)  of  section 81.20 of this title with regard to any
    26  real property of the protected person in this state.
    27  § 83.39 Effect of registration.
    28    (a) Upon registration of an order appointing a guardian of the  person
    29  or  protective  order  from another state, the guardian of the person or

    30  guardian of the property may exercise in this state all  powers  author-
    31  ized  in the order of appointment except as prohibited under the laws of
    32  this state, including maintaining actions and proceedings in this  state
    33  and selling real property and, if the guardian of the person or guardian
    34  of  the  property is not a resident of this state, subject to any condi-
    35  tions imposed upon nonresident parties.
    36    (b) A court of this state may grant any relief  available  under  this
    37  article and other law of this state to enforce a registered order.
    38  § 83.41 Uniformity of application and construction.
    39    In  applying  and construing this article, consideration must be given
    40  to the need to promote uniformity of the law with respect to its subject

    41  matter among states that enact it.
    42  § 83.43 Relation  to  electronic  signatures  in  global  and   national
    43            commerce act.
    44    This  article  modifies,  limits and supersedes the federal Electronic
    45  Signatures in Global and National Commerce Act, 15 U.S.C.  Section 7001,
    46  et seq., but does not modify, limit or supersede Section 101(c) of  such
    47  act,  15  U.S.C.   Section 7001 (c), or authorize electronic delivery of
    48  any of the notices described in Section 103(b) of such  act,  15  U.S.C.
    49  Section 7003(b).
    50  § 83.45 Transitional provision.
    51    (a)  This  article applies to proceedings begun on or after this arti-
    52  cle's effective date.

    53    (b) Sections 83.01 through 83.05 and sections 83.31 through  83.43  of
    54  this  article apply to proceedings begun before this article's effective
    55  date, regardless of whether a guardianship or protective order has  been
    56  issued.

        A. 857                             10
 
     1    §  2. Section 1758 of the surrogate's court procedure act, as added by
     2  chapter 675 of the laws of 1989, is amended to read as follows:
     3  § 1758. Court jurisdiction
     4    1.  The jurisdiction of the court to hear proceedings pursuant to this
     5  article shall be subject to article eighty-three of the  mental  hygiene
     6  law.
     7    2.  After the appointment of a guardian, standby guardian or alternate
     8  guardians, the court shall have and retain general jurisdiction over the

     9  mentally retarded or developmentally disabled person for whom such guar-
    10  dian shall have been appointed, to take of its own motion or  to  enter-
    11  tain  and adjudicate such steps and proceedings relating to such guardi-
    12  an, standby, or alternate guardianship as may  be  deemed  necessary  or
    13  proper  for  the  welfare  of  such mentally retarded or developmentally
    14  disabled person.
    15    § 3. Section 81.18 of the mental hygiene law, as  amended  by  chapter
    16  438 of the laws of 2004, is amended to read as follows:
    17  § 81.18 Foreign guardian for a person not present in the state.
    18    Where  the  person  alleged  to be incapacitated is not present in the
    19  state and a  guardian,  by  whatever  name  designated,  has  been  duly
    20  appointed pursuant to the laws of any other [state, territory, or] coun-
    21  try  where the person alleged to be incapacitated resides to assist such

    22  person in property management, the court in its discretion, may make  an
    23  order  appointing  the foreign guardian as a guardian under this article
    24  with powers with respect to property management within this state on the
    25  foreign guardian's giving such security as the court deems proper.    In
    26  its  discretion, the court may utilize the provisions of article eighty-
    27  three of this title.
    28    § 4. This act shall take effect on the one hundred eightieth day after
    29  it shall have become a law.
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