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Assembly Bill A3598

2025-2026 Legislative Session

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

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Current Bill Status - In Assembly Committee

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2025-A3598 (ACTIVE) - Details

See Senate Version of this Bill:
S7819
Current Committee:
Assembly Judiciary
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §81.07, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2021-2022: A10334, S9175
2023-2024: A1643, S2822

2025-A3598 (ACTIVE) - Summary

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.

2025-A3598 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3598
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2025
                                ___________
 
 Introduced  by  M.  of  A.  SCHIAVONI  --  read once and referred to the
   Committee on Judiciary
 
 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:
 
   Section  1.  Short title.  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 THAT IS NOT IN THE BEST INTERESTS OF THE WARD, SUCH
 DETERMINATIONS SHALL BE ON THE RECORD OR BY WRITTEN  DECISION.    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.
                                                            LBD06631-01-5

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