advokids

A new law became effective on July 28, 2009 that extends the time for a Standby Guardian to be confirmed by the Surrogate’s Court from 60 days to 180 days (6 months).  Many families and others interested in guardianship are unaware that if a primary guardian dies or is unable to continue to act as guardian, the standby guardian must be “confirmed” by the Court.  Under the old law if a Standby Guardian was not confirmed within 60 days of the date of death or resignation of the primary guardian, then the Standby Guardian would have to go through the entire guardianship process again.

Families are rarely focused upon the need to obtain Court confirmation when a loved one has died or becomes infirm.  The extension of time now gives families a reasonable time to have the Standby Guardian confirmed (approved) by the Court.  However, if the Standby Guardian is not confirmed within the six month period an entire new guardianship proceeding is still required.

Thank you Senator Carl Kruger for recognizing and supporting our issues at your Committee’s hearing on Long Island Tuesday. After that hearing Senator Kruger put out a press release quoting my testimony before his committee.  My daughter Lauren was by my side.

I told Senator Kruger “our children are not going away. When I die my daughter is still going to be here. And one way or another you are going to have to care for her.”  You can view the video of my testimony at <http://www.youtube.com/watch?v=ODFxHr_ktZg>.

I want to thank Senator Kruger for the support he gave Lauren and me at the Senate Finance Committee’s Long Island hearings on October 27. By supporting this mother of a daughter with developmental disabilities, Senator Kruger shows his support for thousands of other parents and their children just like her throughout New York State.

Call Senator Kruger and thank him.  Tell him he has your support.  You can reach Senator Kruger at his Albany office at (518) 455-2460 or at his District Office at (718) 743-8610.

LINK TO SAUNDRA GUMEROVE’S TESTIMONY:  http://www.youtube.com/watch?v=ODFxHr_ktZg <http://www.youtube.com/watch?v=ODFxHr_ktZg>

FROM AHRC NASSAU:  Governor Paterson has proposed a Deficit Reduction Plan that would cut OMRDD programs by 10%. The impact across NY State’s voluntary providers appears to be an annualized reduction of $375 million – which AHRC Nassau believes will force the closure of day programs, force staff layoffs and prevent the operation of Camp Loyaltown in 2010.  These are devastating cuts to all agencies serving the developmentally disabled.    

The Governor is asking the New York State Legislature to approve his “Deficit Reduction Plan” containing the largest cuts in the history of our services at a Special Legislative Session scheduled for October 27th.

We need your calls, letters and emails TODAY.  Call your State Senator and Assembly Member and TELL THEM TO OPPOSE the Governor’s Deficit Reduction Plan for OMRDD to protect the health and safety of persons with intellectual and other developmental disabilities.

You can find download a sample parent letter or find talking points and at: www.ahrc.org/legislativeissues

To find your Senator’s phone number go to: http://www.nysenate.gov/senators

To find your Assemblyperson’s phone number go to: http://assembly.state.ny.us/

Please call the following elected officials as well:

Speaker Sheldon Silver: Albany 518-455-3791; District 212-312-1420

Senate President Pro Tem Malcolm Smith: Albany 518-455-2701; District 718-528-4290

Senate Majority Leader Pedro Espada Albany 518-455-3395; District 718-220-5480

Democratic Conference Leader John Sampson: Albany 518-455-2788; District 718-649-7653

The New York State Senate has announced the following dates and locations for hearings on the Governor’s Deficit Reduction Plan (DRP):

It is important that both the Senate and Assembly hear from family members, individuals and staff so that they are aware of the devastating impact that these cuts will have on their constituents.

In order to testify at any of the Senate hearings, please call Senator Kruger’s office at (518) 455-2460 and ask for Kristin. The hearing room must be packed with family members, individuals and staff identifiable as advocates for AHRC Nassau.

Whether or not you plan on attending we urge you to please call your Senator and Assembly Member and tell them that we cannot sustain the Governor’s Deficit Reduction Plan for OMRDD.

New York City: Monday, October 26:  10 A.M. to 2 P.M., US Customs House, 1 Bowling Green< NY, NY

Suffolk County: Tuesday, October 27:  10 A.M. to 2 P.M., Brookhaven Town Hall, Auditorium - 2nd Floor,
1 Independence Hill, Farmingville

Thank you for your anticipated efforts on behalf of AHRC Nassau and the more than 3,000 children and adults supported daily by the agency.

Thanks to the efforts of Supreme Court Judge Diamond and Department of Social Services Commissioner Imhoff Nassau County has initiated a program to provide guardians to elderly residents and residents with disabilities who are indigent and have no one to act as guardian.  Judge Diamond presides over guardianships brought under Part 81 of the New York Mental Hygiene Law.  He noted that cases brought to appoint a guardian for Seniors and individuals with disabilities who are indigent and have no family or friends willing to act as guardian required that he appoint lawyers who would work without remuneration overseeing the care of the ward, insure that their needs were met and file extensive reports  with the Court and the Nassau County Department of Social Services.

Judge Diamond raised this issue in a case he decided.  Commissioner Imhoff at first considered appealing the decision, but then decided that the situation was too dire and he wanted a way to solve the problem presented by the case instead of spend thousands of dollars appealing it.  The result was the Nassau County Guardianship Program.  The County has contract with two private agencies to provide guardianship services to indigent individuals, whether elderly or disabled, when needed. The program will be administered through Adult Protective Services (whether or not the individual involved qualifies for APS services).  Thank you Judge Diamond and Commissioner Imhoff for addressing and solving this problem and for finding a way to protect those who cannot protect themselves.