BILL NUMBER: S8654
SPONSOR: CLEARE
 
TITLE OF BILL:
An act to amend the elder law and the state finance law, in relation to
establishing the statewide initiative of not-for-profit guardians
 
PURPOSE:
To establish a statewide initiative of non-profit guardians to serve as
guardians pursuant to Article 81 of the Mental Hygiene Law.
 
SUMMARY OF PROVISIONS:
Section one establishes the short title, "The New York State Good Guar-
dianship Act."
Section two provides for the legislative intent.
Section three adds a new Section 226 to the Elder Law which establishes
the Statewide Initiative of Not-For-Profit Guardians and provides for
its functions and responsibilities.
Section four adds a new Section 99-tt to the State Finance Law estab-
lishing the Statewide Initiative Not-For-Profit Guardians Fund.
Section five provides for a severability clause.
Section six establishes an immediate effective date.
 
JUSTIFICATION:
Article 81 of the New York State Mental Hygiene Law requires the assign-
ment of a guardian when an individual is deemed to be incapacitated and
unable to manage their own affairs. Currently, this mandate is not
supported with an adequate, dedicated funding stream, resulting in a
severe shortage of qualified guardianship resources. This has left
judges constrained when attempting to fulfill their legal mandate and
has put individuals in dire need of care at risk.
When an individual has significant financial resources, identifying a
paid guardian is a viable option. However, the reality is that most
individuals, especially aging New Yorkers, cannot afford to pay for this
high-level of care. Community-based not-for-profit organizations step in
to serve these individuals unable to pay for private care. These
reputable not-for-profits organizations utilize a multidisciplinary
approach to care and tailor a plan to an individual's needs, at no
charge or for minimal fees.
However, only a patchwork of not-for-profit groups exist to provide
these services and are at maximum caseloads due to the minimal public
funding that exists. In areas that lack a not-for-profit guardianship
services provider altogether, municipal and county budgets are strained
when Local Departments of Social Services step in as the guardian of
last resort. This dearth of guardians is causing a significant cost
burden on our social safety net, particularly avoidable hospitalizations
and care through Medicaid and shelter stays. This has also created an
opportunity for unscrupulous and unchecked for-profit guardianship enti-
ties to enter the market, resulting in individuals being provided with
substandard care, and in worst case scenarios, being neglected altogeth-
er.
This bill seeks to remedy the "guardianship gap" by establishing the
"Statewide Initiative of Not-for-profit Guardians" program that lever-
ages the expertise and capacity of existing, reputable not-for-profit
organizations to provide comprehensive, multidisciplinary guardianship
services. This initiative will help grow well-established programs,
create new capacity in underserved areas, and promote alternatives to
guardianships where appropriate. The legislation will ensure proper
oversight, accountability, and service delivery while addressing the
needs of individuals who cannot care for themselves due to age, disabil-
ity, or other conditions. Taking these steps will also help eliminate
bad actors from the guardianship market while providing significant
Medicaid and social welfare savings to the state. Lastly, the enactment
of this legislation is consistent with the recommendations of the
adopted New York State Master Plan on Aging, which supports a fifteen-
million-dollar investment in guardianship services.
 
PRIOR LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.