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Senate bill · S9205 (2025-26)

Relates to requirements for the appointment of a guardian for personal needs or property management

New York State Senate

Same as A10400, the matching bill in the Assembly.

Latest action Oct 21, 2026

Sponsor: Robert Jackson (State Senator, District 31, Democratic/Working Families)

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From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 23, 2026. About our data

Summary

Provides for requirements for the appointment of a guardian for personal needs or property management; requires financial institutions to provide all necessary bank statements for a Medicaid application to a requesting department of social services or other state or local agency administering public assistance or medical assistance within a reasonable amount of time of receipt of such request; requires a banking organization, branch in this state of an out-of-state bank or foreign banking corporation to provide such records within thirty days of receipt of such request.

Summary from NY Open Legislation. How we handle summaries

Amends the Mental Hygiene Law.

Purpose, from the sponsor's memo

Section 1 of this bill amends Mental Hygiene Law § 81.05 to allow a social services official or agency that is nominated or considered for appointment as guardian, but did not receive required statutory notice, to provide information to the court regarding the appropriate social services official or agency for appointment. Section 2 of this bill amends Mental Hygiene Law § 81.06 to prohibit the commencement of a guardianship proceeding solely for the purpose of collecting a debt, discharging an alleged incapacitated person from a hospital, nursing home, or other institution with a duty of care, or for any action not in the best interests of the alleged incapacitated person. Section 3 of this bill amends Mental Hygiene Law § 81.08 to require the court to consider requests for protective arrangements or single trans- actions as less restrictive alternatives to full guardianship and to support such consideration with specific findings on the record. Section 4 of this bill adds a new provision to Article 81 requiring petitioners to disclose to the court, court-appointed counsel, and the court evaluator any material information relevant to the functional limitations of the alleged incapacitated person or that may support a determination that guardianship or the powers sought are unnecessary or overly restrictive. Section 5 of this bill amends Mental Hygiene Law § 81.16 to provide that when a social services official or agency is appointed as guardian, counsel for that official or agency shall prepare and submit the proposed order to the court. Section 6 of this bill adds a new provision to Mental Hygiene Law § 81.17 making a social services official or agency a party to the proceeding when nominated or considered for appointment as guardian, granting full participation rights, including the authority to issue subpoenas and to implead a social services official from another social services district upon a showing that such district may be the appropri- ate party. Section 7 of this bill amends Mental Hygiene Law § 81.19 to prohibit a court from appointing a social services official or agency as guardian, temporary guardian, or special guardian without the written consent of such official or agency, and to ensure full participation rights when such an appointment is proposed. Section 8 of this bill amends Mental Hygiene Law § 81.20 to authorize a social services official or agency appointed as guardian to delegate authority to subordinate employees or agents acting on its behalf within the scope of the court-granted powers.

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

Where it stands

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

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Mental Health · New York State Assembly

Also referred to Mental Health · New York State Senate.

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Cosponsors

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Read on NY Senate (opens in a new tab)
  • Democratic3

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The sponsor's argument

Why Robert Jackson says this is needed

New York's social services system relies on local districts to adminis- ter services on behalf of the state, making Local Departments of Social Services (LDSS) responsible to serve vulnerable populations but also increasingly treated as the "guardian of last resort" in guardianship cases. Guardianship transfers significant legal rights, yet LDSS offi- cials are sometimes appointed as guardians without notice or consent, creating risks for alleged incapacitated persons and exposing local agencies to legal liability. This bill seeks to make LDSS true partners in guardianship proceedings by requiring notice, participation, and a good-faith basis for their appointment, rather than automatic or default selection. It clarifies which social services district should serve as guardian when jurisdiction is unclear and allows commissioners to dele- gate guardianship duties to appropriate staff. The legislation also aims to prevent misuse of guardianship proceedings by hospitals, nursing homes, or other entities to facilitate discharge or collect debt, ensur- ing that guardianship is used only when it is genuinely in the best interests of the alleged incapacitated person.

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

  1. Oct 21, 2026

    Amend and Recommit to Mental Health

    AMEND AND RECOMMIT TO MENTAL HEALTH

    NY Senate

  2. May 19, 2026

    Reported out of committee

    REPORTED REFERRED TO RULES

    NY Assembly

  3. May 1, 2026

    Amend and Recommit to Mental Health

    AMEND AND RECOMMIT TO MENTAL HEALTH

    NY Assembly

  4. Mar 3, 2026

    Referred to committee

    REFERRED TO MENTAL HEALTH

    NY Assembly

  5. Feb 13, 2026

    Referred to committee

    REFERRED TO MENTAL HEALTH

    NY Senate

Read the record