The rules for standby guardians are among the New York law changes, prompted by the Novel Coronavirus (COVID-19), which impact Trusts & Estates attorneys and Elder Law attorneys.
The New York Governor’s Executive Order 202.14, dated April 7, 2020, modifies sections of the Surrogate’s Court Procedure Act (SCPA) to provide that any parent, legal guardian, legal custodian or primary caretaker who works in a health care facility, volunteers in a health care facility, or reasonably believes that they may otherwise be exposed to COVID-19, may designate a standby guardian by means of a written designation, as per the SCPA subdivisions listed below. The designation shall become effective in accordance with the processes set forth in those subdivisions.
The SCPA sections affected are:
SCPA 1726 (1)
SCPA 1726 (2)
SCPA 1726 (4)
SCPA 1726 (5)
SCPA 1726 (8)
SCPA 1726 (9)
Note that these modifications were effective through May 7, 2020. Executive Order 202.28 extended them until June 6, 2020. Executive Order 202.38 extended them until July 6, 2020. Executive Order 202.48 extended them until August 5, 2020. Executive Order 202.55 extended them until September 4, 2020. Executive Order 202.60 extended them through October 4, 2020. Executive Order 202.67 extended them through November 3, 2020. Executive Order 202.72 extended them through December 3, 2020. Executive Order 202.79 extended them through January 1, 2021. Executive Order 202.87 extended them through January 29, 2021. Executive Order 202.92 extended them until February 26, 2021. Executive Order 202.95 extended them until March 24, 2021. Executive Order 202.96 extended them through March 28, 2021. Executive Order 202.98 extended them until April 20, 2021. Executive Order 202.99 extended them until April 25, 2021. Executive Order 202.100 extended them until April 30, 2021. Executive Order 202.101 extended them until May 6, 2021. Executive Order 202.102 extended them until May 19, 2021. Executive Order 202.103 extended them through May 25, 2021. Executive Order 202.105 extended them through May 27, 2021. Executive Order 202.106 extended them through June 5, 2021. Executive Order 202.107 extended them through June 9, 2021. Executive Order 202.108 extended them through June 16, 2021. Executive Order 202.109 extended them through June 24, 2021. Executive Order 202.10 extended them through July 5, 2021.
Executive Order 202 had declared a disaster emergency in the State of New York in response to the COVID-19 pandemic. Executive Order 210, signed by the governor on 06/24/2021, states that Executive Order 202 is no longer necessary due to flattening the curve of COVID-19, slowing transmission, administering the vaccine and lowering the infection rate. Executive Order 210 rescinded Executive Order 202, effective 06/25/2021.
Executive Orders can be found on the New York Governor’s website
www.governor.ny.gov
Click on Executive Orders
Posted 04/12/2020. Updated 06/26/2021
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