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Bill

A 9295

Enacts the New York state good guardianship act

2025 Regular Session Introduced by Sarah Clark and 8 co-sponsors

Expands not-for-profit guardianship providers statewide, funded by a dedicated fund, with oversight, training, a helpline, and data reporting to improve access and accountability.

REPORTED REFERRED TO WAYS AND MEANS
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Bill Summary · A 9295

Summary: New York State Good Guardianship Act (A.9295)

Jurisdiction: New York | Session: 2025-2026 | Introduced: December 10, 2025 | Committee: Aging

Purpose and intent

  • Establish a statewide initiative to expand access to high-quality, not-for-profit guardianship services for adults (age 18+) who are incapacitated under Article 81 of the Mental Hygiene Law and for whom an appointing judge cannot find a suitable guardian (family, friend, or part-36 attorney).
  • Address funding gaps, improve oversight and accountability, reduce costs to the social safety net, and promote alternatives to guardianship where appropriate.
  • Align with the New York State Master Plan on Aging by supporting a targeted investment to enhance guardianship services (noting a referenced recommendation of a $15 million investment).

Key provisions and changes

Section 226: Statewide initiative of not-for-profit guardians

  1. Establishment and purposes
  2. Creates the “statewide initiative of not-for-profit guardians” within the Office for the Aging.

  3. Aims to:

    • Serve as guardian for eligible individuals when a judge cannot find a suitable guardian.
    • Operate a free public helpline for guidance, resources, and referrals related to guardianship and alternatives.
    • Build statewide capacity and training to establish new programs within existing not-for-profit agencies.
    • Collect, analyze, and report data on guardianship cases.

  4. Eligible participating entities

  5. Must be not-for-profit:

    • Organized as a 501(c)(3) or in good standing with the Attorney General’s Charities Bureau.
    • Have experience in guardianship services or demonstrate capacity as determined by the Office.

  6. Must fulfill guardianship duties per Mental Hygiene Law sections 81.20, 81.21, and 81.22.

  7. Administration and funding

  8. The New York State Director of the Office for the Aging issues a request for proposals (RFP) to administer the initiative.

  9. The selected administrator enters into a 5-year contract with the state, renewable with the director’s approval.

  10. The administrator reviews plans and awards grants for guardianship services, aiming for statewide funding distribution.

  11. Funding comes from the statewide initiative fund (see Finance Law §99-tt).

  12. Data reporting

  13. Participating organizations collect and report anonymized data on guardianship cases (demographics, services, duration, outcomes) to the administrative entity.

  14. An annual performance report is produced and submitted to the Governor, Speaker, and Temporary President by January 1 of each year (first report due January 1, 2027).

Section 99-tt: Statewide initiative of not-for-profit guardians fund

  • Establishes a dedicated fund within the Joint Custody of the Comptroller, NYS Tax and Finance Commissioner, and Health Commissioner.
  • Fund receives appropriations from other sources and may receive grants, gifts, or bequests.
  • Funds are allocated to the administrative entity (Office for the Aging) to support the statewide initiative.

Affected entities and individuals

  • Adults over 18 eligible under Article 81 who lack a guardian and for whom no guardian can be found through traditional channels.
  • Not-for-profit organizations with capacity to provide guardianship services or to develop new programs.
  • Guardianship program administrators, health and social services agencies, and local departments of social services (potential beneficiaries of reduced costs and improved care coordination).
  • The general public, via the helpline and data-driven transparency about guardianship outcomes.

Procedural and timeline aspects

  • Effective date: Immediate upon enactment.
  • The director of the Office for the Aging will issue an RFP to select an administrative entity to run the initiative.
  • Contract duration: 5 years, with potential renewal contingent on director’s approval.
  • Data reporting: Annual report due each January 1, starting January 1, 2027.
  • Funding mechanism: New dedicated fund (Statewide Initiative of Not-for-Profit Guardians Fund) supporting grants to eligible not-for-profit guardianship providers.

Potential impact

  • Increased availability of reputable, not-for-profit guardianship options across the state, especially in underserved districts.
  • Enhanced quality and consistency of guardianship services through oversight, training, and standardized duties.
  • Potential Medicaid and social welfare cost savings from reduced avoidable hospitalizations, shorter shelter stays, and more effective care coordination.
  • Improved consumer protections by reducing reliance on for-profit guardians with insufficient oversight.
  • Better data collection and transparency to inform policy and program adjustments over time.

This act emphasizes expanding nonprofit guardianship capacity, formalizing funding, and creating accountability and data infrastructure to support guardianship services statewide.

Compiled from official sources — confirm details with the bill’s official record.

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