NY State Senate Bill 2015-S5154

Archive: Last Bill Status Via A3461 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 21, 2016	signed chap.98
Jul 13, 2016	delivered to governor
Jun 14, 2016	returned to assembly passed senate 3rd reading cal.1365 substituted for s5154c
Jun 14, 2016	substituted by a3461c
Jun 07, 2016	advanced to third reading
Jun 06, 2016	2nd report cal.
Jun 02, 2016	1st report cal.1365
May 17, 2016	print number 5154c
May 17, 2016	amend and recommit to mental health and developmental disabilities
Jan 21, 2016	print number 5154b
Jan 21, 2016	amend (t) and recommit to mental health and developmental disabilities
Jan 06, 2016	referred to mental health and developmental disabilities returned to senate died in assembly
Jun 15, 2015	referred to judiciary delivered to assembly passed senate
Jun 09, 2015	advanced to third reading
Jun 08, 2015	2nd report cal. amended (t) 5154a
Jun 03, 2015	1st report cal.1315
May 05, 2015	referred to mental health and developmental disabilities

Votes

- Jun 14, 2016 - Floor Vote
  A3461
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Parker
  Jun 15, 2015 - Floor Vote
  S5154
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2015
      
      aye (62)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Libous
  Jun 2, 2016 - Committee Vote
  S5154
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Jun 2, 2016
      
      aye (11)
      
      Carlucci
      
      Felder
      
      Hamilton
      
      Hannon
      
      Krueger
      
      Murphy
      
      Ortt
      
      Rivera
      
      Serino
      
      Serrano
      
      Seward
  Jun 3, 2015 - Committee Vote
  S5154
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Jun 3, 2015
      
      aye (11)
      
      Carlucci
      
      Felder
      
      Hamilton
      
      Hannon
      
      Krueger
      
      Murphy
      
      Ortt
      
      Rivera
      
      Serino
      
      Serrano
      
      Seward

Bill Amendments

Original

C (Active)

2015-S5154 - Details

See Assembly Version of this Bill:: A3461
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §81.20, Ment Hyg L; amd Art 12 Head, add §1212, CPLR

2015-S5154 - Summary

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.

2015-S5154 - Sponsor Memo

                                BILL NUMBER:S5154

TITLE OF BILL:  An act to amend the mental hygiene law and the civil
practice law and rules, in relation to guardianship duties and
visitation claims

PURPOSE:

This legislation is designed to protect the rights of adult children
of a parent currently under a conservatorship. The bill creates a
legal process by which the adult children can petition the court if
they are unreasonably being denied visitation and contact by the
conservator. It also requires the guardian to inform relatives if the
parent was admitted to the hospital, notify them if they have died,
and in the case of death notify them of any funeral and/or burial
arrangements.

SUMMARY OF PROVISIONS:

Section 1: Adds a new paragraph to section 81.20 of the Mental Hygiene
Law requiring that a guardian inform relatives of an elder or
incapacitated adult under their care if they are admitted to the
hospital, notify them if the adult dies, and in that case notify them
of funeral/burial information.

Section 2: Amends the article heading of Article 12 of the CPLR.

Section 3: Adds a new section 1212 to the CPLR providing definitions
and procedures allowing the adult children of a conservatee to bring a
court action for visitation rights against the conservator. This can
be done in cases where the conservator is improperly denying children
visitation and isolating the conservatee against the best interest of
the conservatee.

Section 4: 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
incapacitated parent by the current spouse. These can be very
contentious situations that deny adult children the right to visit
their ill parent. Current law does not provide a proper avenue for
adult children to petition the courts in New York for reasonable
visitation rights.

Two recent situations in California involving the late Peter Falk and
the late Casey Casem have highlighted the need for changes to the law.
In both of these cases the adult children were cut off from their ill
father's by their respective spouses. The children were also not
notified of major changes in their fathers' condition and of
funeral/burial arrangements after their deaths.

This legislation would require that guardians notify adult children
and other close relatives if the person they are caring for enters


the hospital, notify them of death and in that case notify them of any
funeral/burial information. It would also allow the children to
petition the court for visitation rights, if the court finds that the
parent is being unreasonably isolated and cut off from their children.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately

2015-S5154 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5154

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 5, 2015
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Mental  Health  and
  Developmental Disabilities

AN  ACT  to  amend the mental hygiene law and the civil practice law and
  rules, in relation to guardianship duties and visitation claims

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. subdivision (a) of section 81.20 of the mental hygiene law
is amended by adding a new paragraph 8 to read as follows:
  8. A GUARDIAN SHALL INFORM THE RELATIVES, INCLUDING BUT NOT LIMITED TO
THE CHILDREN, OF AN ELDER OR DEPENDENT INCAPACITATED ADULT WHENEVER THEY
ARE ADMITTED TO A MEDICAL FACILITY FOR ACUTE CARE FOR A PERIOD OF  THREE
DAYS OR MORE OR IN THE EVENT OF DEATH. IN THE CASE OF DEATH, THE GUARDI-
AN  SHALL  INFORM  THE  RELATIVES  OF  ANY  FUNERAL ARRANGEMENTS AND THE
LOCATION OF THE INCAPACITATED PERSON'S FINAL RESTING PLACE.
  S 2. The article heading of article 12 of the civil practice  law  and
rules, as amended by chapter 115 of the laws of 1981, is amended to read
as follows:
                INFANTS, INCOMPETENTS [AND], CONSERVATEES
                             AND THE ELDERLY
S 3. The civil practice law and rules is amended by adding a new section
1212 to read as follows:
  S  1212. ELDERLY VISITATION CLAIMS. (A) PETITION TO THE SUPREME COURT.
A PETITION MAY BE BROUGHT FOR A VISITATION ORDER TO ENJOIN A  RESPONDENT
FROM KEEPING A PROPOSED VISITEE IN ISOLATION FROM CONTACT WITH THE PETI-
TIONER.
  (B) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
  1. "ELDER" SHALL HAVE THE SAME MEANING AS PARAGRAPH (B) OF SUBDIVISION
ONE OF SECTION TWO HUNDRED FOURTEEN OF THE ELDER LAW.
  2.  "DEPENDENT  ADULT" SHALL MEAN ANY PERSON BETWEEN THE AGES OF EIGH-
TEEN AND SIXTY WHO RESIDES IN THIS STATE AND WHO HAS PHYSICAL OR  MENTAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07225-01-5

S. 5154                             2

LIMITATIONS  THAT RESTRICT HIS OR HER ABILITY TO CARRY OUT NORMAL ACTIV-
ITIES OR TO PROTECT HIS OR HER RIGHTS, INCLUDING, BUT  NOT  LIMITED  TO,
PERSONS  WHO HAVE PHYSICAL OR DEVELOPMENTAL DISABILITIES, OR WHOSE PHYS-
ICAL OR MENTAL ABILITIES HAVE DIMINISHED BECAUSE OF AGE.
  3. "ISOLATION" SHALL MEAN:
  (I)  ACTS  INTENTIONALLY  COMMITTED FOR THE PURPOSE OF PREVENTING, AND
THAT DO SERVE TO PREVENT, AN ELDER OR DEPENDENT ADULT FROM RECEIVING HIS
OR HER MAIL OR TELEPHONE CALLS.
  (II) TELLING A CALLER OR PROSPECTIVE VISITOR THAT AN ELDER OR  DEPEND-
ENT  ADULT  IS NOT PRESENT, OR DOES NOT WISH TO TALK WITH THE CALLER, OR
DOES NOT WISH TO MEET WITH THE VISITOR WHERE THE STATEMENT IS FALSE,  IS
CONTRARY  TO  THE  EXPRESS  WISHES  OF THE ELDER OR THE DEPENDENT ADULT,
WHETHER HE OR SHE IS COMPETENT OR NOT, AND IS MADE FOR  THE  PURPOSE  OF
PREVENTING THE ELDER OR DEPENDENT ADULT FROM HAVING CONTACT WITH FAMILY,
FRIENDS, OR CONCERNED PERSONS.
  (III)  PHYSICAL  RESTRAINT  OF  AN  ELDER  OR DEPENDENT ADULT, FOR THE
PURPOSE OF PREVENTING THE ELDER OR DEPENDENT  ADULT  FROM  MEETING  WITH
VISITORS.
  4."PETITIONER"  SHALL  MEAN  A  PERSON  WHO IS A RELATIVE IN THE FIRST
DEGREE OF THE PROPOSED VISITEE.
  5. "PROPOSED VISITEE" SHALL MEAN THE ELDER OR DEPENDENT ADULT, WHO  IS
UNDER  THE  CARE  OR  CUSTODY  OF THE RESPONDENT, TO BE PROTECTED BY THE
VISITATION ORDER AND, IF THE COURT GRANTS THE  PETITION,  THE  PROTECTED
PERSON.
  6.  "RESPONDENT"  SHALL MEAN THE PERSON WHO IS ALLEGED TO BE ISOLATING
THE PROPOSED VISITEE, AND IF THE PETITION  IS  GRANTED,  THE  RESTRAINED
PERSON.
  7.  "VISITATION"  SHALL  MEAN ANY IN-PERSON MEETING BETWEEN A PROPOSED
VISITEE AND THE PETITIONER.
  8. "VISITATION ORDER" SHALL MEAN AN ORDER ENJOINING A PARTY FROM KEEP-
ING THE PROPOSED VISITEE IN ISOLATION FROM CONTACT WITH  THE  PETITIONER
THAT IS ISSUED BY A COURT AFTER NOTICE AND HEARING.
  (C)  ORDER.  1.  AN ORDER MAY BE ISSUED UNDER THIS SECTION TO RESTRAIN
THE RESPONDENT FOR THE PURPOSE OF PREVENTING A RECURRENCE  OF  ISOLATION
IF  THE  PETITIONER HAS SHOWN BY A PREPONDERANCE OF THE EVIDENCE, TO THE
SATISFACTION OF THE COURT, REASONABLE PROOF OF A PAST  ACT  OR  ACTS  OF
ISOLATION  OF THE PROPOSED VISITEE FROM CONTACT WITH THE PETITIONER, AND
UPON A SHOWING THAT THE PROPOSED VISITEE DESIRES CONTACT WITH THE  PETI-
TIONER OR THAT VISITATION IS IN THE BEST INTERESTS OF THE PROPOSED VISI-
TEE.
  2.  THE  ORDER MAY SPECIFY THE FREQUENCY, TIME, PLACE, AND LOCATION OF
VISITATION.
  3. IN DECIDING WHETHER VISITATION WITH THE PETITIONER IS IN  THE  BEST
INTEREST OF THE PROPOSED VISITEE THE COURT MAY CONSIDER WHETHER THE BEST
INTEREST  OF  THE  PROPOSED  VISITEE REQUIRES THAT ANY VISITATION BY THE
PETITIONER BE LIMITED TO SITUATIONS IN WHICH A THIRD  PERSON,  SPECIFIED
BY  THE  COURT,  IS PRESENT, OR WHETHER VISITATION SHALL BE SUSPENDED OR
DENIED. THE PETITIONER, PROPOSED VISITEE, OR RESPONDENT  MAY  SUBMIT  TO
THE  COURT THE NAME OF A PERSON WHO MAY BE SUITABLE TO BE PRESENT DURING
VISITATION.
  4. IN DECIDING WHETHER VISITATION WITH THE PETITIONER IS IN  THE  BEST
INTEREST  OF  THE  PROPOSED  VISITEE, THE COURT SHALL CONSIDER ANY PRIOR
PROTECTIVE ORDERS ISSUED AGAINST THE PETITIONER.
  5. THE COURT SHALL NOT ISSUE AN ORDER UNLESS THE PROPOSED VISITEE  HAS
EXPRESSED  A DESIRE FOR VISITATION. THE COURT MAY APPOINT A COURT INVES-

S. 5154                             3

TIGATOR TO DETERMINE WHETHER THE PROPOSED VISITEE HAS EXPRESSED A DESIRE
FOR VISITATION.
  6.  THE  COURT  SHALL  ISSUE  AN ORDER ONLY AFTER NOTICE AND A HEARING
UNDER THIS SECTION, AND THE COURT SHALL NOT  ISSUE  AN  EX  PARTE  ORDER
UNDER THIS SECTION.
  7.  IN THE DISCRETION OF THE COURT, AN ORDER ISSUED AFTER NOTICE AND A
HEARING UNDER THIS SECTION MAY HAVE A DURATION OF  NOT  MORE  THAN  FIVE
YEARS,  SUBJECT  TO  TERMINATION OR MODIFICATION BY FURTHER ORDER OF THE
COURT EITHER ON WRITTEN STIPULATION FILED  WITH  THE  COURT  OR  ON  THE
MOTION  OF  A  PARTY. THESE ORDERS MAY BE RENEWED, UPON THE REQUEST OF A
PARTY, EITHER FOR FIVE YEARS OR PERMANENTLY, WITHOUT A  SHOWING  OF  ANY
FURTHER  ISOLATION  SINCE THE ISSUANCE OF THE ORIGINAL ORDER, SUBJECT TO
TERMINATION OR MODIFICATION BY FURTHER ORDER  OF  THE  COURT  EITHER  ON
WRITTEN  STIPULATION  FILED  WITH THE COURT OR ON THE MOTION OF A PARTY.
THE REQUEST FOR RENEWAL MAY BE BROUGHT AT  ANY  TIME  WITHIN  THE  THREE
MONTHS  BEFORE  THE  EXPIRATION  OF THE ORDERS. THE FAILURE TO STATE THE
EXPIRATION DATE ON THE FACE OF THE FORM CREATES AN ORDER WITH A DURATION
OF THREE YEARS FROM THE DATE OF ISSUANCE.
  (D) REPRESENTATION/APPEARANCE. THE  COURT  MAY  REQUIRE  THE  PROPOSED
VISITEE, OR THE PROPOSED VISITEE'S ATTORNEY TO APPEAR AT THE HEARING. IF
THE  PROPOSED VISITEE DOES NOT HAVE AN ATTORNEY, THE COURT SHALL APPOINT
AN ATTORNEY TO REPRESENT THE PROPOSED VISITEE'S INTERESTS.
  (E) THE COURT SHALL SCHEDULE AN EVIDENTIARY HEARING WITHIN SIXTY  DAYS
FROM  THE DATE THAT THE PETITION IS FILED. THE COURT MAY GRANT A CONTIN-
UANCE OF THE HEARING FOR GOOD CAUSE.
  (F) THE RESPONDENT AND THE PROPOSED VISITEE SHALL EACH  BE  PERSONALLY
SERVED  WITH  A  COPY OF THE PETITION FOR VISITATION ORDER AND NOTICE OF
THE HEARING AT LAST TWENTY-ONE DAYS BEFORE THE HEARING DATE.
  (G) THE NOTICE OF THE HEARING SHALL NOTIFY THE  PROPOSED  VISITEE  AND
THE RESPONDENT THAT FOLLOWING THE HEARING, THE COURT MAY MAKE ORDERS NOT
TO  EXCEED  FIVE  YEARS FROM THE HEARING DATE. THE NOTICE OF THE HEARING
SHALL ALSO NOTIFY THE PROPOSED VISITEE WHETHER THE COURT  REQUIRES  THAT
THE  PROPOSED  VISITEE  APPEAR  AT  THE HEARING, AND HOW TO REQUEST THAT
COUNSEL BE APPOINTED IF THE PROPOSED VISITEE IS UNABLE TO  RETAIN  COUN-
SEL.
  (H)  THE  RESPONDENT  MAY  FILE  AND SERVE A RESPONSE THAT EXPLAINS OR
DENIES THE ALLEGED ISOLATION AT LEAST TEN DAYS BEFORE THE HEARING DATE.
  (I) THE COURT MAY, IN ITS DISCRETION, AWARD THE  PREVAILING  PARTY  IN
ANY  ACTION  BROUGHT UNDER THIS SECTION COURT COSTS AND ATTORNEY'S FEES,
IF ANY. IN NO EVENT, SHALL THE PROPOSED VISITEE BY REQUIRED TO  PAY  THE
COURT  COSTS OR ATTORNEY'S FEES OF EITHER THE PREVAILING OR NON-PREVAIL-
ING PARTY.
  S 4. This act shall take effect immediately.

2015-S5154A - Details

See Assembly Version of this Bill:: A3461
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §81.20, Ment Hyg L; amd Art 12 Head, add §1212, CPLR

2015-S5154A - Summary

2015-S5154A - Sponsor Memo

                                BILL NUMBER:S5154A

TITLE OF BILL:  An act to amend the mental hygiene law and the civil
practice law and rules, in relation to enacting "Peter Falk's law"
relating to guardianship duties and visitation claims

PURPOSE: This legislation is designed to protect the rights of adult
children of a parent currently under a conservatorship. The bill
creates a legal process by which the adult children can petition the
court if they are unreasonably being denied visitation and contact by
the conservator. It also requires the guardian to inform relatives if
the parent was admitted to the hospital, notify them if they have
died, and in the case of death notify them of any funeral and/or
burial arrangements.

SUMMARY OF PROVISIONS:

Section 1 - This act shall be known and may be cited as "Peter Falk's
law"

Section 2 -Adds a new paragraph 8 to section 81.20 of the Mental
Hygiene Law requiring that a guardian inform relatives of an elder or
incapacitated adult under their care if they are admitted to the
hospital, notify them if the adult dies, and in that case notify them
of funeral/burial information.

Section 3 - Amends the article heading of Article 12 of the CPLR

Section 4 - Adds a new section 1212 to the CPLR providing definitions
and procedures allowing the adult children of a conservatee to bring a
court action for visitation rights against the conservator. This can
be done in cases where the conservator is improperly denying children
visitation and isolating the conservatee against the best interest of
the conservatee

Section 5 - 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 incapacitated parent by the current spouse. These can be
very contentious situations that deny adult children the right to
visit their ill parent. Current law does not provide a proper avenue
for adult children to petition the courts in New York for reasonable
visitation rights.

Two recent situations in California involving the late Peter Falk and
the late Casey Casem have highlighted the need for changes to the law.
In both of these cases the adult children were cut off from their ill
father's by their respective spouses. The children were also not
notified of major changes in their fathers' condition and of
funeral/burial arrangements after their deaths.

This legislation would require that guardians notify adult children
and other close relatives if the person they are caring for enters the
hospital, notify them of death and in that case notify them of any
funeral/burial information. It would also allow the children to


petition the court for visitation rights, if the court finds that the
parent is being unreasonably isolated and cut off from their children.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS:  None.

EFFECTIVE DATE: Immediately

2015-S5154A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5154--A
    Cal. No. 1315

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 5, 2015
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Mental  Health  and
  Developmental  Disabilities -- reported favorably from said committee,
  ordered to first report, amended on first report, ordered to a  second
  report  and  ordered  reprinted,  retaining  its place in the order of
  second report

AN ACT to amend the mental hygiene law and the civil  practice  law  and
  rules,  in relation to enacting "Peter Falk's law" relating to guardi-
  anship duties and visitation claims

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This act shall be known and may be cited as "Peter Falk's
law".
  S 2. Subdivision (a) of section 81.20 of the  mental  hygiene  law  is
amended by adding a new paragraph 8 to read as follows:
  8. A GUARDIAN SHALL INFORM THE RELATIVES, INCLUDING BUT NOT LIMITED TO
THE CHILDREN, OF AN ELDER OR DEPENDENT INCAPACITATED ADULT WHENEVER THEY
ARE  ADMITTED TO A MEDICAL FACILITY FOR ACUTE CARE FOR A PERIOD OF THREE
DAYS OR MORE OR IN THE EVENT OF DEATH. IN THE CASE OF DEATH, THE GUARDI-
AN SHALL INFORM THE  RELATIVES  OF  ANY  FUNERAL  ARRANGEMENTS  AND  THE
LOCATION OF THE INCAPACITATED PERSON'S FINAL RESTING PLACE.
  S  3.  The article heading of article 12 of the civil practice law and
rules, as amended by chapter 115 of the laws of 1981, is amended to read
as follows:
                INFANTS, INCOMPETENTS [AND], CONSERVATEES
                             AND THE ELDERLY
  S 4. The civil practice law and rules  is  amended  by  adding  a  new
section 1212 to read as follows:
  S  1212. ELDERLY VISITATION CLAIMS. (A) PETITION TO THE SUPREME COURT.
A PETITION MAY BE BROUGHT FOR A VISITATION ORDER TO ENJOIN A  RESPONDENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07225-04-5

S. 5154--A                          2

FROM KEEPING A PROPOSED VISITEE IN ISOLATION FROM CONTACT WITH THE PETI-
TIONER.
  (B) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
  1. "ELDER" SHALL HAVE THE SAME MEANING AS PARAGRAPH (B) OF SUBDIVISION
ONE OF SECTION TWO HUNDRED FOURTEEN OF THE ELDER LAW.
  2.  "DEPENDENT  ADULT" SHALL MEAN ANY PERSON BETWEEN THE AGES OF EIGH-
TEEN AND SIXTY WHO RESIDES IN THIS STATE AND WHO HAS PHYSICAL OR  MENTAL
LIMITATIONS  THAT RESTRICT HIS OR HER ABILITY TO CARRY OUT NORMAL ACTIV-
ITIES OR TO PROTECT HIS OR HER RIGHTS, INCLUDING, BUT  NOT  LIMITED  TO,
PERSONS  WHO HAVE PHYSICAL OR DEVELOPMENTAL DISABILITIES, OR WHOSE PHYS-
ICAL OR MENTAL ABILITIES HAVE DIMINISHED BECAUSE OF AGE.
  3. "ISOLATION" SHALL MEAN:
  (I) ACTS INTENTIONALLY COMMITTED FOR THE PURPOSE  OF  PREVENTING,  AND
THAT DO SERVE TO PREVENT, AN ELDER OR DEPENDENT ADULT FROM RECEIVING HIS
OR HER MAIL OR TELEPHONE CALLS.
  (II)  TELLING A CALLER OR PROSPECTIVE VISITOR THAT AN ELDER OR DEPEND-
ENT ADULT IS NOT PRESENT, OR DOES NOT WISH TO TALK WITH THE  CALLER,  OR
DOES  NOT WISH TO MEET WITH THE VISITOR WHERE THE STATEMENT IS FALSE, IS
CONTRARY TO THE EXPRESS WISHES OF THE  ELDER  OR  THE  DEPENDENT  ADULT,
WHETHER  HE  OR  SHE IS COMPETENT OR NOT, AND IS MADE FOR THE PURPOSE OF
PREVENTING THE ELDER OR DEPENDENT ADULT FROM HAVING CONTACT WITH FAMILY,
FRIENDS, OR CONCERNED PERSONS.
  (III) PHYSICAL RESTRAINT OF AN  ELDER  OR  DEPENDENT  ADULT,  FOR  THE
PURPOSE  OF  PREVENTING  THE  ELDER OR DEPENDENT ADULT FROM MEETING WITH
VISITORS.
  4."PETITIONER" SHALL MEAN A PERSON WHO IS  A  RELATIVE  IN  THE  FIRST
DEGREE OF THE PROPOSED VISITEE.
  5.  "PROPOSED VISITEE" SHALL MEAN THE ELDER OR DEPENDENT ADULT, WHO IS
UNDER THE CARE OR CUSTODY OF THE RESPONDENT,  TO  BE  PROTECTED  BY  THE
VISITATION  ORDER  AND,  IF THE COURT GRANTS THE PETITION, THE PROTECTED
PERSON.
  6. "RESPONDENT" SHALL MEAN THE PERSON WHO IS ALLEGED TO  BE  ISOLATING
THE  PROPOSED  VISITEE,  AND  IF THE PETITION IS GRANTED, THE RESTRAINED
PERSON.
  7. "VISITATION" SHALL MEAN ANY IN-PERSON MEETING  BETWEEN  A  PROPOSED
VISITEE AND THE PETITIONER.
  8. "VISITATION ORDER" SHALL MEAN AN ORDER ENJOINING A PARTY FROM KEEP-
ING  THE  PROPOSED VISITEE IN ISOLATION FROM CONTACT WITH THE PETITIONER
THAT IS ISSUED BY A COURT AFTER NOTICE AND HEARING.
  (C) ORDER. 1. AN ORDER MAY BE ISSUED UNDER THIS  SECTION  TO  RESTRAIN
THE  RESPONDENT  FOR THE PURPOSE OF PREVENTING A RECURRENCE OF ISOLATION
IF THE PETITIONER HAS SHOWN BY A PREPONDERANCE OF THE EVIDENCE,  TO  THE
SATISFACTION  OF  THE  COURT,  REASONABLE PROOF OF A PAST ACT OR ACTS OF
ISOLATION OF THE PROPOSED VISITEE FROM CONTACT WITH THE PETITIONER,  AND
UPON  A SHOWING THAT THE PROPOSED VISITEE DESIRES CONTACT WITH THE PETI-
TIONER OR THAT VISITATION IS IN THE BEST INTERESTS OF THE PROPOSED VISI-
TEE.
  2. THE ORDER MAY SPECIFY THE FREQUENCY, TIME, PLACE, AND  LOCATION  OF
VISITATION.
  3.  IN  DECIDING WHETHER VISITATION WITH THE PETITIONER IS IN THE BEST
INTEREST OF THE PROPOSED VISITEE THE COURT MAY CONSIDER WHETHER THE BEST
INTEREST OF THE PROPOSED VISITEE REQUIRES THAT  ANY  VISITATION  BY  THE
PETITIONER  BE  LIMITED TO SITUATIONS IN WHICH A THIRD PERSON, SPECIFIED
BY THE COURT, IS PRESENT, OR WHETHER VISITATION SHALL  BE  SUSPENDED  OR
DENIED.  THE  PETITIONER,  PROPOSED VISITEE, OR RESPONDENT MAY SUBMIT TO

S. 5154--A                          3

THE COURT THE NAME OF A PERSON WHO MAY BE SUITABLE TO BE PRESENT  DURING
VISITATION.
  4.  IN  DECIDING WHETHER VISITATION WITH THE PETITIONER IS IN THE BEST
INTEREST OF THE PROPOSED VISITEE, THE COURT  SHALL  CONSIDER  ANY  PRIOR
PROTECTIVE ORDERS ISSUED AGAINST THE PETITIONER.
  5.  THE COURT SHALL NOT ISSUE AN ORDER UNLESS THE PROPOSED VISITEE HAS
EXPRESSED A DESIRE FOR VISITATION. THE COURT MAY APPOINT A COURT  INVES-
TIGATOR TO DETERMINE WHETHER THE PROPOSED VISITEE HAS EXPRESSED A DESIRE
FOR VISITATION.
  6.  THE  COURT  SHALL  ISSUE  AN ORDER ONLY AFTER NOTICE AND A HEARING
UNDER THIS SECTION, AND THE COURT SHALL NOT  ISSUE  AN  EX  PARTE  ORDER
UNDER THIS SECTION.
  7.  IN THE DISCRETION OF THE COURT, AN ORDER ISSUED AFTER NOTICE AND A
HEARING UNDER THIS SECTION MAY HAVE A DURATION OF  NOT  MORE  THAN  FIVE
YEARS,  SUBJECT  TO  TERMINATION OR MODIFICATION BY FURTHER ORDER OF THE
COURT EITHER ON WRITTEN STIPULATION FILED  WITH  THE  COURT  OR  ON  THE
MOTION  OF  A  PARTY. THESE ORDERS MAY BE RENEWED, UPON THE REQUEST OF A
PARTY, EITHER FOR FIVE YEARS OR PERMANENTLY, WITHOUT A  SHOWING  OF  ANY
FURTHER  ISOLATION  SINCE THE ISSUANCE OF THE ORIGINAL ORDER, SUBJECT TO
TERMINATION OR MODIFICATION BY FURTHER ORDER  OF  THE  COURT  EITHER  ON
WRITTEN  STIPULATION  FILED  WITH THE COURT OR ON THE MOTION OF A PARTY.
THE REQUEST FOR RENEWAL MAY BE BROUGHT AT  ANY  TIME  WITHIN  THE  THREE
MONTHS  BEFORE  THE  EXPIRATION  OF THE ORDERS. THE FAILURE TO STATE THE
EXPIRATION DATE ON THE FACE OF THE FORM CREATES AN ORDER WITH A DURATION
OF THREE YEARS FROM THE DATE OF ISSUANCE.
  (D) REPRESENTATION/APPEARANCE. THE  COURT  MAY  REQUIRE  THE  PROPOSED
VISITEE, OR THE PROPOSED VISITEE'S ATTORNEY TO APPEAR AT THE HEARING. IF
THE  PROPOSED VISITEE DOES NOT HAVE AN ATTORNEY, THE COURT SHALL APPOINT
AN ATTORNEY TO REPRESENT THE PROPOSED VISITEE'S INTERESTS.
  (E) THE COURT SHALL SCHEDULE AN EVIDENTIARY HEARING WITHIN SIXTY  DAYS
FROM  THE DATE THAT THE PETITION IS FILED. THE COURT MAY GRANT A CONTIN-
UANCE OF THE HEARING FOR GOOD CAUSE.
  (F) THE RESPONDENT AND THE PROPOSED VISITEE SHALL EACH  BE  PERSONALLY
SERVED  WITH  A  COPY OF THE PETITION FOR VISITATION ORDER AND NOTICE OF
THE HEARING AT LAST TWENTY-ONE DAYS BEFORE THE HEARING DATE.
  (G) THE NOTICE OF THE HEARING SHALL NOTIFY THE  PROPOSED  VISITEE  AND
THE RESPONDENT THAT FOLLOWING THE HEARING, THE COURT MAY MAKE ORDERS NOT
TO  EXCEED  FIVE  YEARS FROM THE HEARING DATE. THE NOTICE OF THE HEARING
SHALL ALSO NOTIFY THE PROPOSED VISITEE WHETHER THE COURT  REQUIRES  THAT
THE  PROPOSED  VISITEE  APPEAR  AT  THE HEARING, AND HOW TO REQUEST THAT
COUNSEL BE APPOINTED IF THE PROPOSED VISITEE IS UNABLE TO  RETAIN  COUN-
SEL.
  (H)  THE  RESPONDENT  MAY  FILE  AND SERVE A RESPONSE THAT EXPLAINS OR
DENIES THE ALLEGED ISOLATION AT LEAST TEN DAYS BEFORE THE HEARING DATE.
  (I) THE COURT MAY, IN ITS DISCRETION, AWARD THE  PREVAILING  PARTY  IN
ANY  ACTION  BROUGHT UNDER THIS SECTION COURT COSTS AND ATTORNEY'S FEES,
IF ANY. IN NO EVENT, SHALL THE PROPOSED VISITEE BY REQUIRED TO  PAY  THE
COURT  COSTS OR ATTORNEY'S FEES OF EITHER THE PREVAILING OR NON-PREVAIL-
ING PARTY.
  S 5. This act shall take effect immediately.

2015-S5154B - Details

See Assembly Version of this Bill:: A3461
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §81.20, Ment Hyg L; amd Art 12 Head, add §1212, CPLR

2015-S5154B - Summary

2015-S5154B - Sponsor Memo

                                 BILL NUMBER:  S5154B

 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 guardian to
inform relatives if the incapacitated person was admitted to the
hospital, notify them if they have died, and in the case of death
notify them of any funeral and/or burial arrangements.

 SUMMARY OF PROVISIONS :

Section 1: This act shall be known and may be cited as "Peter Falk's
law".

Section 2: Adds a new paragraph to section 81.20 of the Mental Hygiene
Law requiring that a guardian inform relatives of an incapacitated
adult under their care if they are admitted to the hospital, notify
them if the adult dies, and in that case notify them of funeral/burial
information.

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
incapacitated parent by the current spouse. These can be very
contentious situations that deny adult children the right to visit
their ill parent. 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 require that guardians notify adult children
and other close relatives if the person they are caring for enters the
hospital, notify them of death, and in the case of death notify them
of any funeral/burial information. The goal is to at least provide
notice to relatives when their loved one has a change in condition. It
is named in honor of the late-Peter Falk, a native New Yorker and
Syracuse University graduate.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2015-S5154B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5154--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 5, 2015
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Mental  Health  and
  Developmental  Disabilities -- reported favorably from said committee,
  ordered to first report, amended on first report, ordered to a  second
  report  and  ordered  reprinted,  retaining  its place in the order of
  second report -- recommitted to the Committee  on  Mental  Health  and
  Developmental Disabilities in accordance with Senate Rule 6, sec. 8 --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the mental hygiene law, in relation to  enacting  "Peter
  Falk's law" relating to guardianship duties

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as  "Peter  Falk's
law".
  S  2.  Subdivision  (a)  of section 81.20 of the mental hygiene law is
amended by adding a new paragraph 8 to read as follows:
  8. A GUARDIAN SHALL INFORM THE RELATIVES, INCLUDING BUT NOT LIMITED TO
THE CHILDREN, OF AN ELDER OR DEPENDENT INCAPACITATED ADULT WHENEVER THEY
ARE ADMITTED TO A MEDICAL FACILITY FOR ACUTE CARE FOR A PERIOD OF  THREE
DAYS OR MORE OR IN THE EVENT OF DEATH. IN THE CASE OF DEATH, THE GUARDI-
AN  SHALL  INFORM  THE  RELATIVES  OF  ANY  FUNERAL ARRANGEMENTS AND THE
LOCATION OF THE INCAPACITATED PERSON'S FINAL RESTING PLACE.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07225-07-6

2015-S5154C (ACTIVE) - Details

See Assembly Version of this Bill:: A3461
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §81.20, Ment Hyg L; amd Art 12 Head, add §1212, CPLR

2015-S5154C (ACTIVE) - Summary

2015-S5154C (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5154C

 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
arrangements. 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 incapacitated 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
incapacitated parent by the current spouse. These can be very
contentious situations that deny adult children the opportunity to the
right to visit their 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 entitled 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
incapacitated person, or limiting their visitation rights without
court approval.

 LEGISLATIVE HISTORY :

New Bill.
 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2015-S5154C (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5154--C

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 5, 2015
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Mental  Health  and
  Developmental  Disabilities -- reported favorably from said committee,
  ordered to first report, amended on first report, ordered to a  second
  report  and  ordered  reprinted,  retaining  its place in the order of
  second report -- recommitted to the Committee  on  Mental  Health  and
  Developmental Disabilities in accordance with Senate Rule 6, sec. 8 --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the mental hygiene law, in relation to enacting "Peter
  Falk's law" relating to guardianship duties

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This act shall be known and may be cited as "Peter Falk's
law".
  S 2. Subdivision (c) of section 81.16 of the  mental  hygiene  law  is
amended by adding three new paragraphs 4, 5 and 6 to read as follows:
  4.  THE  ORDER  OF  APPOINTMENT SHALL IDENTIFY THE PERSONS ENTITLED TO
RECEIVE NOTICE OF THE INCAPACITATED PERSON'S DEATH, THE INTENDED  DISPO-
SITION  OF  THE  REMAINS OF THE DECEDENT, FUNERAL ARRANGEMENTS AND FINAL
RESTING PLACE WHEN THAT INFORMATION IS KNOWN OR CAN BE REASONABLY ASCER-
TAINED BY THE GUARDIAN.
  5. THE ORDER OF APPOINTMENT MAY IDENTIFY THE PERSON OR  PERSONS  ENTI-
TLED  TO  NOTICE  OF  THE  INCAPACITATED  PERSON'S TRANSFER TO A MEDICAL
FACILITY.
  6. THE ORDER OF APPOINTMENT MAY IDENTIFY THE PERSONS ENTITLED TO VISIT
THE INCAPACITATED PERSON, IF THEY SO CHOOSE. HOWEVER, THE IDENTIFICATION
OF SUCH PERSONS IN THE ORDER SHALL IN NO WAY LIMIT THE PERSONS  ENTITLED
TO VISIT THE INCAPACITATED PERSON.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07225-09-6

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Senate Bill S5154

Sponsored By

Archive: Last Bill Status Via A3461 - Signed by Governor

Jun 14, 2016 - Floor Vote

Floor Vote: Jun 14, 2016

Jun 15, 2015 - Floor Vote

Floor Vote: Jun 15, 2015

Jun 2, 2016 - Committee Vote

Committee Vote: Jun 2, 2016

Jun 3, 2015 - Committee Vote

Committee Vote: Jun 3, 2015

Bill Amendments

2015-S5154 - Details

2015-S5154 - Summary

2015-S5154 - Sponsor Memo

2015-S5154 - Bill Text download pdf

2015-S5154A - Details

2015-S5154A - Summary

2015-S5154A - Sponsor Memo

2015-S5154A - Bill Text download pdf

2015-S5154B - Details

2015-S5154B - Summary

2015-S5154B - Sponsor Memo

2015-S5154B - Bill Text download pdf

2015-S5154C (ACTIVE) - Details

2015-S5154C (ACTIVE) - Summary

2015-S5154C (ACTIVE) - Sponsor Memo

2015-S5154C (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5154

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Sponsored By

John A. DeFrancisco

Archive: Last Bill Status Via A3461 - Signed by Governor

Bill Amendments

2015-S5154 - Details

2015-S5154 - Summary

2015-S5154 - Sponsor Memo

2015-S5154 - Bill Text download pdf

2015-S5154A - Details

2015-S5154A - Summary

2015-S5154A - Sponsor Memo

2015-S5154A - Bill Text download pdf

2015-S5154B - Details

2015-S5154B - Summary

2015-S5154B - Sponsor Memo

2015-S5154B - Bill Text download pdf

2015-S5154C (ACTIVE) - Details

2015-S5154C (ACTIVE) - Summary

2015-S5154C (ACTIVE) - Sponsor Memo

2015-S5154C (ACTIVE) - Bill Text download pdf

Comments