By: Lori Hall
Legislation Seeks to Reform Guardianship Laws and Facilitate Family Visits
Floor Proceeding Can Be Viewed Here: https://www.youtube.com/watch?v=Ym-DCxJwENY)
Senator Anthony Palumbo (R,C-New Suffolk) recently introduced an amendment on the floor of the New York State Senate to advance Karilyn’s Law. This proposed legislation is named in honor of Karilyn Montanti, a senior who has suffered under the current guardianship system, which has deprived her loved ones of due process rights, including the right to an evidentiary hearing that would permit family and friends to visit her.
Karilyn’s Law aims to prevent guardians, care managers, or those holding power of attorney from arbitrarily terminating visitation rights and isolating individuals under involuntary guardianship. The bill ensures that wards or their family members, who have been denied due process, can request a court hearing. Such a hearing would be required within ten days of the application to address visitation rights.
“Karilyn’s Law makes a technical but significant change to the State’s Guardianship laws, providing family members and friends with the opportunity to visit loved ones under guardianship,” stated Senator Palumbo. “The legislation addresses a critical loophole that has allowed some guardians to use their power to prevent visitations over personal disagreements and family conflicts.”
Christine Montanti, the daughter of Karilyn Montanti and a dedicated Guardianship Advocate, expressed her gratitude for the proposed legislation. “I have been living a complete nightmare for the past six years as my mother endures constant torment, and I am powerless to help her. She has been blocked from seeing her entire family, friends, and her only grandchild without an evidentiary hearing or due process. I am thankful to Senator Palumbo for introducing Karilyn’s Law as an amendment and for his efforts to reform the guardianship system in the New York State Legislature. His work will help protect New York State’s vulnerable individuals and prevent other families from experiencing the horrific ordeal that I have faced over the past six years.”
Karilyn’s Law stands as a beacon of hope for families suffering under the current guardianship framework. The proposed changes highlight the necessity of ensuring that guardianship laws do not strip away the fundamental rights of individuals to maintain relationships with their loved ones. By providing a clear process for families to be heard and ensuring timely court hearings, the legislation aims to protect vulnerable individuals from undue isolation.
Senator Palumbo’s advocacy for this bill underscores his commitment to safeguarding the rights and well-being of those under guardianship in New York State. The proposed amendment reflects a broader effort to bring transparency and fairness to the guardianship system, addressing long-standing issues that have caused significant emotional distress to families like the Montantis.
In summary, Karilyn’s Law represents a crucial step towards reforming guardianship laws in New York State. By ensuring due process and facilitating family visits, the legislation aims to prevent the arbitrary and unjust isolation of individuals under guardianship, promoting a more compassionate and just system for all.
Published By: Aize Perez
