Social services agencies could decline court appointments as guardians

Courts would need written consent before appointing a social services official or agency as a guardian. The consent requirement would also cover temporary and special guardians. An official or agency nominated by another entity could participate in the case and challenge the nomination or proposed powers. All provisions described here would take effect 180 days after the bill becomes law.

Organizations could not seek guardianship solely to collect debts, arrange discharge, or take another action against the person’s best interests. The restrictions would apply to entities starting cases for people alleged to need a guardian. The discharge restriction would cover hospitals, nursing homes, and other institutions with a duty to care for the person.

Courts would have to consider requests to protect someone or handle a single transaction without full guardianship. A person under guardianship, someone needing a guardian, or an interested party could request changed powers when applying for Medicaid was the only power needed. Courts would have to record specific findings when considering the requested alternatives.

Covered financial institutions would have to provide records needed for Medicaid or public assistance applications. Requests would come from state or local agencies that run those programs. The applicant would have to authorize access, or the request would have to be lawful. Records would be due within a reasonable time. Banking organizations, New York branches of out-of-state state banks, and licensed foreign banks would have 30 days from receipt.