New York State Senator Anthony Palumbo (R,C-New Suffolk) is pleased to announce that legislation he authored and co-sponsors, sponsored by Senator Cordell Cleare and Assemblyman Tommy John Schiavoni (S.07819/A.03598) passed in both chambers of the State Legislature and now awaits action by Governor Hochul.

            The bill establishes Karilyn’s Law, which will make it easier for friends and family members to visit loved ones under guardianship. The legislation is named after Karilyn Montanti, whose loved ones have been denied due process rights to be heard and the right to an evidentiary hearing, which would simply allow visitation. 

            Under the legislation, a guardian, care manager, or power of attorney is prohibited from arbitrarily terminating visitation rights and isolating vulnerable individuals who are being held in involuntary guardianship.  The bill provides for family members to make an application for visitation and have an evidentiary hearing within 10 days.  

            “Karilyn’s Law makes a simple, but important change to the State’s Guardianship laws to provide family members and friends with an opportunity to visit loved ones who are under guardianship,” said Senator Palumbo. “The legislation will close a loophole that has allowed guardians with extreme power to arbitrarily deny individuals access to their loved ones over personal differences and family disputes.”

            Assemblyman Schiavoni said, “After years of advocacy and national attention, Karilyn’s Law has passed both the New York State Assembly and Senate and now heads to Governor Hochul’s desk. Maintaining family connections is critical for the mental health and physical wellbeing for anyone involved in an Article 81 guardianship. I am proud of the collaborative and bipartisan work that went into this legislation which will provide meaningful reform to the guardianship process in New York State.

            State Senator Cordell Cleare, Chair of the Senate Aging Committee stated: "Families have a fundamental right to visit and nurture their loved ones.  This bill will protect the essential human right of family visitation and ensure that the guardianship system is not abused by those who have been put in a position of trust.  Thank you to everyone who worked tirelessly to ensure that family members have a voice in the process." 

            Christine Montanti, Karilyn’s daughter and longtime guardianship advocate, said: “Karilyn’s Law gives hope to people like my mother, who feel hopeless and believe that the very system they rely upon to protect them failed them. It also provides family members and friends with the opportunity to have their day in court and be heard. My mother was placed in isolation and prevented from seeing the people she cared about most. This legislation helps ensure that no one else has to endure the same devastating experience.”

            Christine Montanti continued: “Karilyn’s Law was inspired by my mother's personal story and the challenges our family experienced firsthand. I am deeply grateful for the dedicated efforts of our legislators, especially Senator Anthony Palumbo for spearheading this movement, Senator Cleare for advancing Karilyn’s Law, and Assemblyman Schiavoni who helped move this legislation forward. I also extend my sincere thanks to everyone who contributed to this effort and helped pass this important guardianship reform legislation.”

            “The most inhumane aspect of the guardianship system is the blocking of visitation rights and the isolation from loved ones. No New Yorker should be arbitrarily denied access to their family members or have to wage long and expensive court battles to see them,” said Senator Palumbo.  “I am extremely grateful to my partners in the state legislature, Senator Cleare and Assemblyman Schiavoni for their efforts at making this legislation a reality and Christine Montanti and all the guardianship advocates who worked so hard on getting this legislation to the Governor’s desk.”