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S08759 Summary:

BILL NOS08759
 
SAME ASSAME AS A09484
 
SPONSORCLEARE
 
COSPNSR
 
MLTSPNSR
 
Amd §226, Eld L (as proposed in S.4351-A & A.3939-A)
 
Requires the state office for the aging to publish a "Guide to Actions When Someone Close Dies".
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S08759 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8759
 
                    IN SENATE
 
                                     January 8, 2026
                                       ___________
 
        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the elder law, in relation  to  publishing  a  guide  to
          actions when someone close dies
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 226 of the elder law, as added by a chapter of  the
     2  laws  of  2025, amending the elder law relating to publishing a guide to
     3  actions when someone  close  dies,  as  proposed  in  legislative  bills
     4  numbers S. 4351-A and A. 3939-A, is amended to read as follows:
     5    §  226.  Guide to actions when someone close dies. 1. The office shall
     6  publish a "Guide to Actions When Someone Close Dies". [This] Within  one
     7  year  of  the  effective  date of this section, this guide shall be made
     8  publicly available on the official website of the office and the  office
     9  may  also  produce a paper format [within one year of the effective date
    10  of this section].
    11    2. The guide shall provide  information  in  at  least  the  following
    12  domains:
    13    (a)  Economic security, including but not limited to, pensions, social
    14  security, life insurance, health insurance, and death benefits [as  well
    15  as  tax  implications  of a death]. This information shall also refer to
    16  the resources provided by the department of taxation and finance regard-
    17  ing estate taxes.
    18    (b) Legal, including how to access death  certificates,  wills,  trust
    19  documents and other legal information needed to plan for the future.
    20    (c)  Mental  health  assistance, including information on the grieving
    21  process, triggers and symptoms associated with grief,  effective  coping
    22  strategies,  the  impact  on  family dynamics in relation to the loss of
    23  someone close, and other mental health concerns correlated with grief.
    24    (d) Disposition of remains including funeral and service  arrangements
    25  and  burials.  This  information  shall [include average costs by region
    26  and] refer to the resources  provided  by  the  department  of  health's
    27  bureau of funeral directing.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04492-05-6

        S. 8759                             2
 
     1    (e)  Other  information  as  determined by the office [in consultation
     2  with  the  special  advisory  committee  established  pursuant  to  this
     3  section].
     4    3.  The [director shall establish a special advisory committee to help
     5  fulfill the requirements of this section. The committee shall be  tempo-
     6  rary and dissolve thirty days after the guide is posted and distributed.
     7  The  members  of the special advisory committee shall receive no compen-
     8  sation for their services but shall be reimbursed for actual and  neces-
     9  sary expenses incurred in the performance of their duties, to the extent
    10  funds  are  appropriated for such purpose.  The committee shall contain]
    11  office may choose to seek consultation with and  advice  from  represen-
    12  tatives  from  the  following  professions  as  well as any state agency
    13  representatives [that are needed at the  discretion  of  the  director],
    14  which may include:
    15    (a) Funeral directors;
    16    (b) Cemeteries;
    17    (c) Mental health professionals with specific knowledge of grief coun-
    18  seling;
    19    (d)  Attorneys  specialized in estate planning, including the New York
    20  state bar association; [and]
    21    (e) Tax professionals; and
    22    (f) Clergy.
    23    § 2. This act shall take effect on the  same  date  and  in  the  same
    24  manner  as a chapter of the laws of 2025 amending the elder law relating
    25  to publishing a guide to actions when someone close dies, as proposed in
    26  legislative bills numbers S. 4351-A and A. 3939-A, takes effect.
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