Bill > S07819

This bill, known as "Karilyn's law," amends the New York mental hygiene law to modify guardianship proceedings, specifically focusing on family visitation rights. Under the current law, courts could set hearings for guardianship orders up to 28 days from the order's signing, but this bill changes the timeframe for family visitation cases to a maximum of 10 days. The bill introduces a significant new provision creating a rebuttable presumption in favor of visitation, meaning that family visitation will be assumed to be appropriate unless there is clear and convincing evidence that such visitation is not in the best interests of the ward (the person under guardianship). If visitation is to be denied, the court must provide a detailed explanation on the record or in a written decision. The court retains discretion to set appropriate limitations on visitation, such as requiring supervised visits. The bill aims to expedite family visitation hearings and make it easier for family members to maintain contact with a person under guardianship, while still protecting the ward's best interests.