NY State Senate Bill 2021-S9175A

Senate Bill S9175A

2021-2022 Legislative Session

Relates to proceedings for appointment of a guardian for personal needs or property management

download bill text pdf

Archive: Last Bill Status - In Senate Committee Mental Health Committee

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2022	print number 9175a
May 25, 2022	amend and recommit to mental health
May 12, 2022	referred to mental health

Bill Amendments

Original

A (Active)

2021-S9175 - Details

See Assembly Version of this Bill:: A10334
Current Committee:: Senate Mental Health
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §81.07, Ment Hyg L
Versions Introduced in 2023-2024 Legislative Session:: S2822, A1643

2021-S9175 - Summary

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.

2021-S9175 - Sponsor Memo

                                 
BILL NUMBER: S9175

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to proceedings for
appointment of a guardian for personal needs or property management

 
PURPOSE:

To expedite hearings on the guardianship/appeals process.

 
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 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 pe tition 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 conservator-
ship. 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:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2021-S9175 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9175
 
                             I N  S E N A T E
 
                               May 12, 2022
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to  proceedings  for
   appointment of a guardian for personal needs or property management
 
   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  "Karilyn's
 law".
   §  2.  Paragraph  1  of subdivision (b) of section 81.07 of the mental
 hygiene law, as amended by chapter 438 of the laws of 2004,  is  amended
 to read as follows:
   1. set the date on which the order to show cause is heard no more than
 twenty-eight  days  from  the  date  of the signing of the order to show
 cause. The court may for good cause shown set a date less  than  twenty-
 eight  days  from  the  date  of the signing of the order to show cause;
 PROVIDED THAT WHERE THE ORDER TO SHOW CAUSE CONCERNS  FAMILY  VISITATION
 RIGHTS, THE COURT SHALL SET THE DATE ON WHICH THE ORDER TO SHOW CAUSE IS
 HEARD  AND  FOR  WHICH A TEMPORARY ORDER WILL BE ISSUED NO MORE THAN TEN
 DAYS FROM THE DATE OF THE SIGNING OF THE  ORDER TO SHOW CAUSE. The  date
 of the hearing may be adjourned only for good cause shown;
   § 3. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15700-03-2

2021-S9175A (ACTIVE) - Details

See Assembly Version of this Bill:: A10334
Current Committee:: Senate Mental Health
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §81.07, Ment Hyg L
Versions Introduced in 2023-2024 Legislative Session:: S2822, A1643

2021-S9175A (ACTIVE) - Summary

2021-S9175A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9175A                 Revised 5/25/2022

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to proceedings for
appointment of a guardian for personal needs or property 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 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:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2021-S9175A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9175--A
 
                             I N  S E N A T E
 
                               May 12, 2022
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health -- 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 for personal needs or property management

   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  "Karilyn's
 law".
   §  2.  Paragraph  1  of subdivision (b) of section 81.07 of the mental
 hygiene law, as amended by chapter 438 of the laws of 2004,  is  amended
 to read as follows:
   1. set the date on which the order to show cause is heard no more than
 twenty-eight  days  from  the  date  of the signing of the order to show
 cause. The court may for good cause shown set a date less  than  twenty-
 eight  days  from  the  date  of the signing of the order to show cause;
 PROVIDED THAT WHERE THE ORDER TO SHOW CAUSE CONCERNS  FAMILY  VISITATION
 RIGHTS, THE COURT SHALL SET THE DATE ON WHICH THE ORDER TO SHOW CAUSE IS
 HEARD  AND  FOR  WHICH A TEMPORARY ORDER WILL BE ISSUED NO MORE THAN TEN
 DAYS FROM THE DATE OF THE SIGNING OF THE   ORDER TO SHOW  CAUSE.    UPON
 SUCH APPLICATION FOR VISITATION, THERE SHALL BE A REBUTTABLE PRESUMPTION
 IN  FAVOR  OF VISITATION. VISITATION SHALL ONLY BE DENIED UPON CLEAR AND
 CONVINCING EVIDENCE. IT IS FURTHER  WITHIN  THE  COURT'S  DISCRETION  TO
 PROVIDE  WHATEVER  LIMITATIONS  DEEMED  APPROPRIATE,  INCLUDING, BUT NOT
 LIMITED TO, SUPERVISED VISITATION.   The date  of  the  hearing  may  be
 adjourned only for good cause shown;
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15700-04-2

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