Bill Text: NY S05154 | 2015-2016 | General Assembly | Amended

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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 (Republican 1-0)

Status: (Engrossed - Dead) 2016-06-14 - SUBSTITUTED BY A3461C [S05154 Detail]

Download: New_York-2015-S05154-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5154--C
                               2015-2016 Regular Sessions
                    IN SENATE
                                       May 5, 2015
                                       ___________
        Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
          when printed to be committed to the Committee  on  Mental  Health  and
          Developmental  Disabilities -- reported favorably from said committee,
          ordered to first report, amended on first report, ordered to a  second
          report  and  ordered  reprinted,  retaining  its place in the order of
          second report -- recommitted to the Committee  on  Mental  Health  and
          Developmental Disabilities in accordance with Senate Rule 6, sec. 8 --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- committee discharged,  bill  amended,
          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.
                                                                   LBD07225-09-6