Enacts "Karilyn's law"; provides that the court set the date for proceedings relating to family visitation under a guardianship petition for not more than ten days from the signing of the order to show cause; provides that visitation shall be a rebuttable presumption.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1643A
SPONSOR: Thiele 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 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 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 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 petit ion for conserva-
torship 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 5.9175A/A.10334A
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
1643--A
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Judiciary -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the mental hygiene law, in relation to proceedings for
appointment of a guardian or other caretaker for personal needs or
property management
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Karilyn's
2 law".
3 § 2. Paragraph 1 of subdivision (b) of section 81.07 of the mental
4 hygiene law, as amended by chapter 438 of the laws of 2004, is amended
5 to read as follows:
6 1. set the date on which the order to show cause is heard no more than
7 twenty-eight days from the date of the signing of the order to show
8 cause. The court may for good cause shown set a date less than twenty-
9 eight days from the date of the signing of the order to show cause;
10 provided that where the order to show cause concerns family visitation
11 rights, the court shall set the date on which the order to show cause is
12 heard and for which a temporary order will be issued no more than ten
13 days from the date of the signing of the order to show cause. Upon
14 such application for visitation, there shall be a rebuttable presumption
15 in favor of visitation. Visitation shall only be denied upon clear and
16 convincing evidence that is not in the best interests of the ward, such
17 determinations shall be on the record or by written decision. It is
18 further within the court's discretion to provide whatever limitations
19 deemed appropriate, including, but not limited to, supervised
20 visitation. The date of the hearing may be adjourned only for good
21 cause shown;
22 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02015-03-3
