Guardianship is meant to protect people who can no longer make decisions for themselves. But the same power can be misused, sometimes to cut a vulnerable adult off from the people who love them. A new bill in New York, called Karilyn’s Law, aims to close that gap. Its story is a useful window into how guardianship is supposed to work, and how families can protect their loved ones.
What Karilyn’s Law Does
The legislation recently passed both chambers of the New York State Legislature and now awaits the governor’s decision. It is named after Karilyn Montanti, whose family said she was isolated and denied the chance to be heard in court.
According to the New York State Senate announcement, the bill bars a guardian, care manager, or agent under a power of attorney from arbitrarily cutting off visitation.
It also gives families a real path to be heard. Under the bill, a family member can apply for visitation and get an evidentiary hearing within 10 days. That short timeline matters, because long delays can keep families apart for months while a case winds through the courts.
Why Visitation Rights Matter
In a guardianship, one person gains broad authority over another’s life. That can include where the person lives, their medical care, and who is allowed to visit. When that power is used to isolate someone, the harm is real.
- Isolation can worsen a vulnerable adult’s mental and physical health.
- Family members may lose any way to check on a loved one’s wellbeing.
- Disputes that should be settled in court instead drag on for years.
- Warning signs of neglect or abuse can go unnoticed.
Maintaining family connection is not a luxury. For many people under guardianship, it is part of staying healthy and safe.
A Reminder of How Guardianship Can Go Wrong
Most guardians act in good faith. But the role carries enough power that abuse is possible, and once it happens, undoing it can be slow and costly. Karilyn’s Law reflects a wider push to add oversight and protect the rights of people who cannot fully advocate for themselves.
What Families Can Do
You do not have to wait for a crisis to act. Whether you are considering guardianship for a loved one or worried about an existing one, a few steps help:
- Consider less restrictive options first, such as a power of attorney or supported decision-making.
- Choose a guardian you trust, and name a backup.
- Put visitation and care expectations in writing where you can.
- Watch for signs that a loved one is being isolated, and act early.
Planning ahead and staying involved are the best protections against misuse. A guardianship lawyer can help you set up the right arrangement, push back on an abusive one, or petition a court when a loved one is being kept from family.
The attorneys at Estate Planning Pros help families set up guardianships that protect rather than control, and we step in when one is being misused. If someone you love is under guardianship, or may soon need one, the time to understand your rights is now. Talk with an attorney about how to protect their wellbeing and keep your family connected.