BILL NUMBER: S8085A
SPONSOR: PERSAUD
 
TITLE OF BILL:
An act to amend the mental hygiene law, in relation to the timeframe for
a hearing in guardianship proceedings
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would amend 81.07 of the mental hygiene law to extend the time
in which a hearing may be held.
 
SUMMARY OF PROVISIONS:
Section 1 extends the timeframe the date on which an order to show cause
is heard under MHL 81.07(b)(1) from 28 days to 35 days.
Section 2 provides the effective date.
 
JUSTIFICATION:
In the 30 years since the inception of Article 81 of the Mental Hygiene
Law, the inventory of guardianship matters has significantly increased.
The judges who preside over these matters continue to have various
duties in addition to their service in guardianships and are often
called upon to serve in other parts (i.e. civil trials, commercial, etc)
This short extension of time to hold the requisite hearing would not
only afford the judges assigned to the matter more time to complete
their duties but would also give the fiduciaries appointed the court -
such as the court evaluator and the attorney for the alleged incapaci-
tated person - additional time to complete their services and responsi-
bilities. Moreover, The extension of time for a hearing would not preju-
dice the parties as the proposed amendment would not impede the court
from taking any necessary expedited action such as appointing a tempo-
rary guardian or imposing temporary restraints to protect the person or
property of the subject of the guardianship proceeding.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S8085: 81.07 mental hygiene law