Relates to the timeframe for guardianship hearings

Latest action May 13, 2026

Increases the timeframe for guardianship hearings to thirty-five days.

Not chosen yet

Where it stands

Out of committee and scheduled for a vote by the full chamber.

Introduced
In committee
Up for a vote
Passed one chamber
Passed
Enacted

New York State Senate

Same as A8561, the matching bill in the Assembly.

Amends the Mental Hygiene Law.

Committee

Judiciary · New York State Assembly

Also referred to Judiciary · New York State Senate, Mental Health · New York State Assembly, Mental Health · New York State Senate.

Purpose, from the sponsor's memo

This bill would amend 81.07 of the mental hygiene law to extend the time in which a hearing may be held.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Cosponsors

Cordell Cleare and Jessica Scarcella-Spanton

Democratic2

See the full list on nysenate.gov

The sponsor's argument

Why Roxanne J. Persaud says this is needed

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.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

May 13, 2026
Reported out of committee
REPORTED REFERRED TO RULES
NY Assembly
Apr 28, 2026
Reported out of committee
REPORTED REFERRED TO CODES
NY Assembly
Jan 7, 2026
Referred to committee
REFERRED TO JUDICIARY
NY Assembly
Jan 7, 2026
Referred to committee
REFERRED TO MENTAL HEALTH
NY Senate
May 22, 2025
Amend (t) and Recommit to Mental Health
AMEND (T) AND RECOMMIT TO MENTAL HEALTH
NY Senate

Show full history (2 earlier events)

May 20, 2025
Referred to committee
REFERRED TO JUDICIARY
NY Assembly
May 15, 2025
Referred to committee
REFERRED TO MENTAL HEALTH
NY Senate

About this record

Summary: The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.
Cosponsors: The list shows the cosponsors who are on Agora, A to Z. The official record may list more.
Party colors: Parties are shown in the same neutral colors.
Source: From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 20, 2026. About our data

Read the record

Read on NY Senate (opens in a new tab) The official record on nysenate.gov.

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