Enacts "Peter Falk's law" relating to guardianship duties

Title of bill

An act to amend the mental hygiene law, in relation to enacting "Peter Falk's law" relating to guardianship duties

Purpose

This legislation is designed to protect the rights of relatives of a person currently under a guardianship. It requires the court in the initial guardianship order to identify persons entitled to receive notice of the incapacitated person's death, funeral and burial arrangements. It allows the court to identify persons entitled to notice if the incapacitated person is transferred to a medical facility. It also allows those entitled to visit the incapacitated person to be identified in the order.

Summary of provisions

Section 1: This act shall be known and may be cited as "Peter Falk's law".

Section 2: Amends section 81.16 of the Mental Hygiene Law by adding three new paragraphs 4, 5 and 6 dealing with the "order of appointment" for a guardianship. Paragraph 4 requires the order to identify person (s) entitled to receive notice of the incapacitated person's death, funeral and burial arrangements. Paragraph 5 allows the order to identify person (s) entitled to receive notice if the incapacitated person is transferred to a medical facility. Paragraph 6 allows the order to identify person (s) entitled to visit the incapacitated person; however, this shall not limit the persons entitled to visit the incapacitated person.

Section 3: Establishes the effective date.

Justification

Recently there have been high profile cases in which adult children from a previous marriage have been denied the right to visit their incapacitated parent by the current spouse. These can be very contentious situations that deny adult children the opportunity to the right to visit their ill parent before their death. A recent example of this involved the death of actor Peter Falk. His children were also not notified of major changes in their father's condition and of funeral/burial arrangements after his death.

This legislation would make changes to the law regarding the "order of appointment" for a guardianship to protect the rights of adult children and other relatives. It would require the order to identify those entitled to notice of the incapacitated person's death, funeral and burial arrangements. It would allow the order to identify anyone entitled to notice of the person's transfer to a medical facility. Finally, the order can identify those entitled to visit the incapacitated person.

The goal of these changes is to have the court deal with notice and visitation issues in the initial "order of appointment" to protect the rights of relatives and those close to the incapacitated person. This should help to prevent a guardian from improperly isolating the incapacitated person, or limiting their visitation rights without court approval.

Legislative history

New Bill. FISCAL IMPLICATIONS :

None.

Effective date

Immediately.