Bill Text: NY A03461 | 2015-2016 | General Assembly | Amended


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Passed) 2016-07-21 - signed chap.98 [A03461 Detail]

Download: New_York-2015-A03461-Amended.html


                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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