Bill Text: NY A07596 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Clarifies the effect of registering an order appointing a guardian of another person or protective order from another state.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-11-20 - signed chap.458 [A07596 Detail]

Download: New_York-2015-A07596-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7596
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 20, 2015
                                      ___________
       Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
         Committee on Judiciary
       AN ACT to amend the mental hygiene law, in relation  to  the  effect  of
         registration  for  purposes of 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. Subdivision (i) of section 83.03 of the mental hygiene law,
    2  as  added  by  chapter  427  of  the laws of 2013, is amended to read as
    3  follows:
    4    (i) "Protective order" means an order appointing a conservator, guard-
    5  ian of the property or other order related to management of  an  adult's
    6  property.
    7    S  2. Section 83.39 of the mental hygiene law, as added by chapter 427
    8  of the laws of 2013, is amended to read as follows:
    9  S 83.39 Effect of registration.
   10    (a) Upon registration of an order appointing a guardian of the  person
   11  or  protective  order  from another state, the guardian of the person or
   12  guardian of the property may exercise in this state all  powers  author-
   13  ized in the order of appointment OR PROTECTIVE ORDER except as prohibit-
   14  ed  under  the  laws  of  this state[, including maintaining actions and
   15  proceedings in this state and selling real property] and, if the guardi-
   16  an of the person or guardian of the property is not a resident  of  this
   17  state, subject to any conditions imposed upon nonresident parties.
   18    (b)  A  court  of this state may grant any relief available under this
   19  article and other law of this state to enforce a registered order.
   20    (C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, UPON  REGIS-
   21  TRATION  OF  AN  ORDER APPOINTING A GUARDIAN OF THE PERSON OR PROTECTIVE
   22  ORDER FROM ANOTHER STATE, THE GUARDIAN OF THE PERSON OR GUARDIAN OF  THE
   23  PROPERTY,  IF  SO  AUTHORIZED  IN THE ORDER OF APPOINTMENT OR PROTECTIVE
   24  ORDER, MAY COMMENCE AND DEFEND ACTIONS AND PROCEEDINGS IN THIS STATE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10986-02-5
       A. 7596                             2
    1    (D) UPON REGISTRATION OF A PROTECTIVE ORDER FROM  ANOTHER  STATE,  THE
    2  GUARDIAN  OF THE PROPERTY, IF SO AUTHORIZED IN THE PROTECTIVE ORDER, MAY
    3  PETITION THE COURT PURSUANT TO ARTICLE SEVENTEEN OF  THE  REAL  PROPERTY
    4  ACTIONS AND PROCEEDINGS LAW, FOR PERMISSION TO DISPOSE OF THE REAL PROP-
    5  ERTY, OR AN INTEREST IN THE REAL PROPERTY, OF THE PROTECTED PERSON.
    6    S 3. This act shall take effect immediately.