BILL NUMBER: S2649

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 1. 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, 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 decisions 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 daughters. The daughters
unsuccessfully filed for conservatorship and unfortunately, 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:

2024 S.2822; 2022 S.9175A1A.10334A

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately