A03461 Summary:

BILL NOA03461C
 
SAME ASSAME AS S05154-C
 
SPONSORMagnarelli
 
COSPNSRRivera, Stirpe, Gottfried, Crespo, Galef, Robinson, Fahy
 
MLTSPNSRGlick, Magee, Markey, Simon, Steck
 
Amd 81.16, Ment Hyg L
 
Provides for an appointment of a guardian for personal needs or property management; provides that the order of appointment shall identify the persons entitled to receive notice of the incapacitated person's death, funeral arrangements, receive notice of the incapacitated person's transfer to a medical facility and persons entitled to visit such person.
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A03461 Actions:

BILL NOA03461C
 
01/23/2015referred to judiciary
06/09/2015amend (t) and recommit to judiciary
06/09/2015print number 3461a
01/06/2016referred to judiciary
01/21/2016amend (t) and recommit to judiciary
01/21/2016print number 3461b
05/17/2016amend and recommit to judiciary
05/17/2016print number 3461c
05/24/2016reported referred to codes
06/06/2016reported referred to rules
06/07/2016reported
06/08/2016rules report cal.120
06/08/2016ordered to third reading rules cal.120
06/08/2016passed assembly
06/08/2016delivered to senate
06/08/2016REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
06/14/2016SUBSTITUTED FOR S5154C
06/14/20163RD READING CAL.1365
06/14/2016PASSED SENATE
06/14/2016RETURNED TO ASSEMBLY
07/13/2016delivered to governor
07/21/2016signed chap.98
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A03461 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3461C
 
SPONSOR: Magnarelli
  TITLE OF BILL: An act to amend the mental hygiene law, in relation to enacting "Peter Falk's law" relating to guardianship duties   PURPOSE: This legislation is designed to protect the rights of relatives of a person currently under a guardianship. It requires the court in the initial guardianship order to identify persons entitled to receive notice of the incapacitated person's death, funeral and burial arrange- ments. It allows the court to identify persons entitled to notice if the incapacitated person is transferred to a medical facility. It also allows those entitled to visit the incapacitated person to be identified in the order.   SUMMARY OF PROVISIONS: Section 1: This act shall be known and may be cited as "Peter Falk's law". Section 2: Amends section 81.16 of the Mental Hygiene Law by adding three new paragraphs 4, 5 and 6 dealing with the "order of appointment" for a. guardianship. Paragraph 4 requires the order to identify person(s) entitled to receive notice of the incapacitated person's death, funeral and burial arrangements. Paragraph 5 allows the order to identify person(s) entitled to receive notice if the incapacitated person is transferred to a medical facility. Paragraph 6 allows the order to identify person(s) entitled to Visit the incapacitated person; however, this shall not limit the persons entitled to visit the incapac- itated person. Section 3: Establishes the effective date.   JUSTIFICATION: Recently there have been high profile cases in which adult children from a previous marriage have been denied the right to visit their incapaci- tated parent by the current spouse. These can be very contentious situ- ations that deny adult children the opportunity to see an ill parent before their death. A recent example of this involved the death of actor Peter Falk. His children were also not notified of major changes in their father's condition and of funeral/burial arrangements after his death. This legislation would make changes to the law regarding the "order of appointment" for a guardianship to protect the rights of adult children and other relatives. It would require the order to identify those enti- tled to notice of the incapacitated person's death, funeral and burial arrangements. It would allow the order to identify anyone entitled to notice of the person's transfer to a medical facility. Finally, the order can identify those entitled to visit the incapacitated person. The goal of these changes is to have the court deal with notice and visitation issues in the initial "order of appointment" to protect the rights of relatives and those close to the incapacitated person. This should help to prevent a guardian from improperly isolating the incapac- itated person, or limiting their visitation rights without court approval.   LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A03461 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3461--C
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2015
                                       ___________
 
        Introduced  by  M.  of A. MAGNARELLI, RIVERA, STIRPE, GOTTFRIED, CRESPO,
          GALEF, ROBINSON, FAHY -- Multi-Sponsored by -- M. of A. GLICK,  MAGEE,
          MARKEY,  SIMON,  STECK  --  read once and referred to the Committee on
          Judiciary -- committee discharged, bill amended, ordered reprinted  as
          amended  and  recommitted  to  said  committee  --  recommitted to the
          Committee on Judiciary in accordance with Assembly Rule 3, sec.  2  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- again reported  from  said  committee
          with  amendments, ordered reprinted as amended and recommitted to said
          committee
 
        AN ACT to amend the mental hygiene law, in relation to  enacting  "Peter
          Falk's law" relating to guardianship duties
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as  "Peter  Falk's
     2  law".
     3    §  2.  Subdivision  (c)  of section 81.16 of the mental hygiene law is
     4  amended by adding three new paragraphs 4, 5 and 6 to read as follows:
     5    4. The order of appointment shall identify  the  persons  entitled  to
     6  receive  notice of the incapacitated person's death, the intended dispo-
     7  sition of the remains of the decedent, funeral  arrangements  and  final
     8  resting place when that information is known or can be reasonably ascer-
     9  tained by the guardian.
    10    5.  The  order of appointment may identify the person or persons enti-
    11  tled to notice of the  incapacitated  person's  transfer  to  a  medical
    12  facility.
    13    6. The order of appointment may identify the persons entitled to visit
    14  the incapacitated person, if they so choose. However, the identification
    15  of  such persons in the order shall in no way limit the persons entitled
    16  to visit the incapacitated person.
    17    § 3. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07225-08-6
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