Legislation Addresses Guardianship Laws to Help Families Visit Loved Ones

Senator Anthony Palumbo (R,C-New Suffolk) offers an amendment on the floor of the New York State Senate to pass Karilyn’s Law. The legislation is named after Karilyn Montanti, a senior and victim of the guardianship system, whose loved ones have been denied due process rights to be heard and the right to an evidentiary hearing, which would simply allow family and friends to visit.

Karilyn’s Law prevents a guardian, care manager, or power of attorney from arbitrarily terminating visitation rights and isolating vulnerable individuals who are being held in involuntary guardianship.  The bill provides for the ward or family members, who have been denied their due process rights, to be heard and have an evidentiary hearing before the court within 10 days of bringing an application.

“Karilyn’s Law makes a technical, 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 help close a loophole that has allowed guardians with extreme power to deprive individuals of visitations with loved ones over personal differences and family disputes.”

            Christine Montanti, daughter of Karilyn Montanti and a Guardianship Advocate said: “I have been living a complete nightmare for the past 6 years as my mother is in a constant state of torture and I am powerless to save her. My mother was blocked and denied access to her entire family, friends and only grandchild without having an evidentiary hearing, without due process, and without allowing her to attend a hearing.  I am grateful to Senator Palumbo for offering Karilyn’s Law as an amendment and for his efforts to reform guardianship in the New York State Legislature.  His work to safeguard New York State’s most vulnerable individuals will help prevent other families from having to endure the horrific ordeal that I have been facing over the past 6 years.”

Floor Proceeding Can Be Viewed Here: https://www.youtube.com/watch?v=Ym-DCxJwENY 

Source: https://www.nysenate.gov/newsroom/articles/2024/anthony-h-palumbo/senator-palumbo-offers-amendment-pass-karilyns-law?fbclid=IwZXh0bgNhZW0CMTEAAR0HjUiX_nEf7PV-A_5czB6gBQ8j67b9KMYmc-F-cBB2qiNC5yX629_srrI_aem_ZmFrZWR1bW15MTZieXRlcw