New York

New York

Overview

New York enacted supported decision-making legislation in 2021. 

Guardianship Laws

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Supported Decision-Making

Supported Decision-Making Statute

  • Statute #1
    Title
    Description: Description Info
    Links: Links Info

State Legislation

  1. EXAMPLE LAW TITLE
    • EXAMPLE DESCRIPTION — Prohibits discrimination against people based on disability in the medical context of organ transplantation and identifies SDM services as auxiliary aids and services.
  1. S.B. 3203, General Assembly, 2021-2022
    • Prevents discrimination against persons with physical or mental disabilities in regards to organ donations.
  2. S.B. 7107, General Assembly, 2021-2022
    • Relates to supported decision-making by people with intellectual, developmental, cognitive and psychosocial disabilities.
  1. Assem. B. 2123, 242nd Ann. Leg. Sess. (N.Y. 2019)
    • Prohibits discrimination against people based on disability in the medical context of organ transplantation and identifies SDM services as auxiliary aids and services.
  2. S.B. 455, 242nd Ann. Leg. Sess. (N.Y. 2019)
    • Same as Assem. B 2123
  3. Assem. B. 9630, 241st Ann. Leg. Sess. (N.Y. 2018)
    • Prohibits discrimination against people based on disability in the medical context of organ transplantation and identifies SDM services as auxiliary aids and services.
  4. S.B. 7043, 24st. Ann. Leg. Sess. (N.Y. 2018)
    • Same as Assem. B 9630

Case Law

  • Matter of Robert C.B., 125 N.Y.S.3d 253 (N.Y. Sur. Ct., Dutchess Cty. 2020) (granting termination of guardianship of the person and denying termination of property guardian).
  • Matter of Eli T., 89 N.Y.S.3d 844, 849 (N.Y. Sur. Ct., Kings Cty. 2018) (denying petition for appointment of co-guardians in part because Supported Decision-Making was an available option)
  • Matter of Guardianship of Capurso., 98 N.Y.S.3d 381, 384 (N.Y. Sur. Ct., Westchester Cty. 2019) (granting petition to terminate guardianship in favor of Supported Decision-Making)
  • In re Dameris L.. 956 N.Y.S.2d 848 (N.Y. Sur. Ct. 2012) (terminating guardianship of a person with intellectual disability in favor of supported decision-making)
  • Guardian for A. E. 2015-XXXX, 2015 NYLJ LEXIS 4377 (N.Y. Sur. Ct. Kings County 8/17/15) (dismissing guardianship petition because of, among other things, the availability of supported decision-making)
  • Matter of D.D., 50 N.Y. Misc. 3d 666 (N.Y. Sur. Ct., Kings County 10/28/15) (dismissing guardianship petition because of, among other things, the availability of supported decision-making)
  • Matter of Hytham M. G., 2016 N.Y. Misc LEXIS 2722 (N.Y. Sur. Ct., Kings County, 4/14/16) (dismissing guardianship petition because of, among other things, the availability of supported decision-making)
  • Matter of Michelle M.,  2016 N.Y. Misc LEXIS 2719 (N.Y. Sur. Ct., Kings County 7/22/16) (dismissing guardianship petition because of, among other things, the availability of supported decision-making)
  • Estate of Hilton, 2017 NYLJ LEXIS 284 (N.Y. Sur. Ct., Kings County 2/3/2017) (dismissing the guardianship because of, among other things, the availability of supported decision-making)
  • Estate of Albert J., 2017 NYLJ LEXIS 475 (N.Y. Sur. Ct., Kings County 2/27/17) (dismissing the guardianship because of, among other things, the availability of supported decision-making)
  • Guardian for Simone A., 69 Misc. 3d 1207 (A) (N.Y. Sup. Ct. Kings Cty. 2020) (denying guardianship because the individual had sufficient capacity to make decisions and be independent with the support of professionals including via supported decision making, and if more support was desired, other alternatives to guardianship such as durable power of attorney and health care proxies could “provide targeted assistance without whully supplanting Simone’s fundamental right to make decisions that affect her affairs.”)
    • Public Link: https://law.justia.com/cases/new-york/other-courts/2020/2020-ny-slip-op-51207-u.html
  • Matter of Joshua J.K., 2021 N.Y. Slip Op. 21069 (N.Y. Sur. Ct. Westchester Cty., Mar. 1, 2021) (granting termination of guardianship of the property, removing mother as guardian of person, and replacing guardian of person with professional guardianship through NYSARC, noting that a temporary guardianship may have been appropriate but the N.Y. statute lacks sufficient flexibility, and also noting that Joshua should return to terminate the guardian at such a time that one is no longer needed.).
    • Public Link: https://law.justia.com/cases/new-york/other-courts/2021/2021-ny-slip-op-21069.html
  • Matter of Marion T., 36 N.Y.3d 44 (2020) (hulding that “consent of 64-year uld woman, who had profound intellectual disability and very limited verbal ability, was unnecessary for her adoption by petitioners.”).
    • Public Link: https://law.justia.com/cases/new-york/court-of-appeals/2020/49.html

State Grant Programs

  1. 2016/2017 Grantee: The Brookdale Center for Healthy Aging of Hunter College, City University of New York
    • Summary: The grantee has worked on developing and piloting a new curriculum on financial Supported Decision-Making in older adults and individuals with intellectual and developmental disabilities. It will train front-line workers directly serving these populations in home care and geriatric case management settings.
    • Contact: Angela Ghesquiere, Research Scientist, Brookdale Center for Health Aging, Hunter College of the City University of New York, ag1428@hunter.cyny.edu, 212-396-7838

Other Resources

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