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.
If enacted, this legislation would create a rebuttable presumption in favor of visitation rights for families involved in guardianship cases, changing the dynamics of how these cases are handled in court. This provision is particularly aimed at ensuring that visitation is prioritized unless there is compelling evidence indicating that it's not in the best interest of the ward. The law also allows for court discretion in placing limitations on visitation, such as supervised visits, if deemed necessary.
Bill S07819, known as 'Karilyn's law', aims to amend the mental hygiene law in New York regarding proceedings for the appointment of a guardian or caretaker for personal needs or property management. A key feature of the bill is the stipulation that courts must set a date for family visitation proceedings under a guardianship petition within ten days of signing the order to show cause. This is a significant reduction from the previous timeline, which allowed up to twenty-eight days. The intent is to expedite the process and facilitate family visits for individuals under guardianship.
The discussion around S07819 could highlight potential points of contention regarding the balance between protecting vulnerable individuals and ensuring family connections. Critics may argue that the expedited process could overlook certain complexities involved in guardianship cases, such as the need for thorough evaluations of the ward's best interests. Proponents, however, may assert that the bill fosters timely family interactions that can enhance the well-being of individuals under guardianship.