Provides for an appointment of a guardian for personal needs or property management; provides that the order of appointment shall identify the persons entitled to receive notice of the incapacitated person's death, funeral arrangements, receive notice of the incapacitated person's transfer to a medical facility and persons entitled to visit such person.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3461C
SPONSOR: Magnarelli TITLE OF BILL:
An act to amend the mental hygiene law, in relation to enacting "Peter
Falk's law" relating to guardianship duties
PURPOSE:
This legislation is designed to protect the rights of relatives of a
person currently under a guardianship. It requires the court in the
initial guardianship order to identify persons entitled to receive
notice of the incapacitated person's death, funeral and burial arrange-
ments. It allows the court to identify persons entitled to notice if the
incapacitated person is transferred to a medical facility. It also
allows those entitled to visit the incapacitated person to be identified
in the order.
SUMMARY OF PROVISIONS:
Section 1: This act shall be known and may be cited as "Peter Falk's
law".
Section 2: Amends section 81.16 of the Mental Hygiene Law by adding
three new paragraphs 4, 5 and 6 dealing with the "order of appointment"
for a. guardianship. Paragraph 4 requires the order to identify
person(s) entitled to receive notice of the incapacitated person's
death, funeral and burial arrangements. Paragraph 5 allows the order to
identify person(s) entitled to receive notice if the incapacitated
person is transferred to a medical facility. Paragraph 6 allows the
order to identify person(s) entitled to Visit the incapacitated person;
however, this shall not limit the persons entitled to visit the incapac-
itated person.
Section 3: Establishes the effective date.
JUSTIFICATION:
Recently there have been high profile cases in which adult children from
a previous marriage have been denied the right to visit their incapaci-
tated parent by the current spouse. These can be very contentious situ-
ations that deny adult children the opportunity to see an ill parent
before their death. A recent example of this involved the death of actor
Peter Falk. His children were also not notified of major changes in
their father's condition and of funeral/burial arrangements after his
death.
This legislation would make changes to the law regarding the "order of
appointment" for a guardianship to protect the rights of adult children
and other relatives. It would require the order to identify those enti-
tled to notice of the incapacitated person's death, funeral and burial
arrangements. It would allow the order to identify anyone entitled to
notice of the person's transfer to a medical facility. Finally, the
order can identify those entitled to visit the incapacitated person.
The goal of these changes is to have the court deal with notice and
visitation issues in the initial "order of appointment" to protect the
rights of relatives and those close to the incapacitated person. This
should help to prevent a guardian from improperly isolating the incapac-
itated person, or limiting their visitation rights without court
approval.
LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
