BILL NUMBER: S2822

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to proceedings for
appointment of a guardian or other caretaker for personal needs or prop-
erty management

 
PURPOSE:

To expedite hearings on the guardianship/appeals process for family
visitation.

 
SUMMARY OF PROVISIONS:

  Section I. Cites this act as "Karilyn's Law.

  Section  2. Amends section 81.07 of the mental hygiene law by adding a
provision to ensure that when there is an order to show cause  regarding
family  visitation,  the court must act within 10 days of the signing of
that order.
              

  Section 3. Sets for the effective date.

 
JUSTIFICATION:

Often times, when actions under the  mental  hygiene  law  are  brought,
involving  an incapacitated person, family members are restricted access
to that person through no fault of their own. In fact, we have seen many
famous cases involving abuse of conservatorships, waste  of  assets  and
denial  of  family  member  visitation. In 2008, Britney Spears had been
hospitalized. Her father  petitioned  and  was  granted  conservatorship
allowing  him  the  ability to make decision's about Britney's finances,
medical well-being and career. In 2010,  she  completed  rehab  and  was
getting  her career back on track. Britney testified that over the years
there was a series of abuses and manipulations' against her. It was  not
until  2021 that the conservatorship terminated. Casey Kasem, the famous
radio personality, suffered from advanced Parkinson's  disease  and  was
isolated from outside world by his second wife. She removed him from the
hospital  and would not allow visitation, even for his biological daugh-
ters. The daughters unsuccessfully filed for conservatorship and  unfor-
tunately, Mr. Kasem passed away before the issue was resolved.  Nichelle
Nichols,  an  actress  from  Star Trek, is in an intense battle with her
son. She suffers from dementia and the son won a petition
 for conservatorship in 2018. He claimed her former  manager  who  lives
with  her,  was  taking advantage of her finances and personal affairs'.
However, he along with her best friend desperately  fought  against  the
conservatorship.  Sadly,  the  son  sold his mother's home which was her
pride and joy. Her friends say it is painful to watch but will not  give
up fighting.

In the case of Karilyn Montanti, a court denied a child access to simply
visit  with  her  mother,  precluded  her and isolated the incapacitated
person from all outsiders merely because the appointed counsel and guar-
dian had personal differences with the daughter. Despite there being  no
abuse  or mistreatment of any kind, it was several months before a hear-
ing was finally held restoring access to the mother.

This bill, cited as "Karilyn's Law" will cure that problem here  in  New
York  and  remedy the unfortunate loophole. This amendment to article 81
will simply provide an immediate hearing with respect to family  visita-
tion.

 
LEGISLATIVE HISTORY:

2022 S.9175A/A.10334A

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately