Senate committee advances bill to speed family access to adults under guardianship

The New York State Senate Mental Health Committee on May 21, 2025 reported S.7819 to the Senate Judiciary Committee, a bill that would allow family members to petition for expedited court review to obtain in-person visits with adults under guardianship.

Senator Palumbo, speaking during the committee's final meeting of the session, described the bill as a mechanism to let “an individual, a family member can just ask to see their loved [one]. And the court would have to have a hearing within 10 days.” She said the measure establishes “a presumption that they would, in fact, visit with [the person],” placing the burden on those opposing visitation to prove financial or physical abuse.

Why it matters: advocates and some members of the committee said the bill responds to cases where family members have been denied contact with relatives under guardianship. Palumbo cited high-profile and personal examples in arguing for a faster, less costly path to review: “Casey Kasem, the famous radio personality, he knew his family, was unable to see him the last 2 years of his life because the stepmother didn't like the children.” A witness identified herself during debate as Carolyn Montante and indicated she was the person named in the bill, describing circumstances that supporters say the bill would address.

What the bill would do: Palumbo said S.7819 would permit a family member to file an order to show cause asking the court to permit visitation. If filed, the court would be required to hold a hearing within 10 days. Under the proposal as described in committee, a presumption favors allowing access, and the opposing party would need to demonstrate financial, mental or physical abuse to deny visitation.

Committee action and next steps: Senator Fernandez moved the bill; Senator Cantonari Fitzpatrick seconded. The motion carried and the measure was reported to the Judiciary Committee for further consideration.

Context and committee concerns: Committee members praised the effort to address guardianship system problems and noted prior, ongoing work to reform guardianship processes. During the discussion members remarked about limiting court delay and high legal costs for families; Palumbo said the proposal could reduce the need for protracted litigation and expensive legal fees in many cases.

The Judiciary Committee will next consider the bill.