New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

S02782 Summary:

S02782 Actions:

S02782 Floor Votes:

S02782 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2782
 
                               2009-2010 Regular Sessions
 
                    IN SENATE
 
                                      March 2, 2009
                                       ___________
 
        Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
 
        AN ACT to amend the surrogate's court procedure act, in relation to  the
          confirmation of standby guardians
 
          The  People of the State of New York, represented in Senate and Assem-

        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of section  1757  of  the  surrogate's  court
     2  procedure  act,  as added by chapter 675 of the laws of 1989, is amended
     3  to read as follows:
     4    2. Such standby guardian, or alternate in the  event  of  [such]  such
     5  standby  guardian's  death,  incapacity  or  renunciation, shall without
     6  further proceedings be empowered to assume the  duties  of  his  or  her
     7  office  immediately upon death, renunciation or adjudication of incompe-
     8  tency of the guardian or standby guardian  appointed  pursuant  to  this
     9  article,  subject  only to confirmation of his or her appointment by the
    10  court within [sixty] one hundred eighty days following assumption of his
    11  or her duties of such office. Before confirming the appointment  of  the

    12  standby  guardian or alternate guardian, the court may conduct a hearing
    13  pursuant to section seventeen hundred fifty-four of  this  article  upon
    14  petition by anyone on behalf of the mentally retarded or developmentally
    15  disabled  person  or  the  mentally retarded or developmentally disabled
    16  person if such person is eighteen years of age or  older,  or  upon  its
    17  discretion.
    18    § 2. This act shall take effect immediately.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08686-01-9