Enacts the New York state good guardianship act

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

• Democratic8
• Republican3

This bill has cosponsors from more than one party.

Shown in neutral colors by design; Agora is non-partisan.

◆ The sponsor's argument

Why Cordell Cleare says this is needed

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 judg- es 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.

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.