Monday, August 29, 2022

Borrello takes up issue of guardianship reform in NY

By Olean Times Herald staff

State Sen. Anthony Palumbo (left) and state Sen. George Borrello sit across from advocates of guardianship reform Thursday. Across the table are (from left) Teresa Kay-Aba Kennedy, Libra Max and Christine Montanti.

State Sen. George Borrello joined fellow Sen. Anthony Palumbo Thursday in hosting a forum in New York City to highlight the need for guardianship reform to protect vulnerable seniors and offer policy proposals for next year’s legislative session.

Earlier this year, Palumbo, R-Long Island, introduced Karilyn’s Law, which is named after Karilyn Montanti, a senior and victim of the guardianship system, whose loved ones have been denied due process rights to be heard and the right to an evidentiary hearing, which would simply allow family and friends to visit.

After the introduction of this legislation, Palumbo’s office received a number of emails and phone calls from throughout the state detailing the hardships families have experienced due to the current guardianship laws.

“It is truly heartbreaking to hear these stories, to talk to families who are unable to visit loved ones, especially older individuals in guardianship who have limited time remaining to see their children and grandchildren,” Palumbo said during the Guardianship Roundtable.

Borrello, R-Chautauqua County, said the government’s first duty is to protect the health and safety of its citizens.

“Guardianships can protect vulnerable seniors and incapacitated adults and children,” he said. “But just as a guardianship can be used as a shield to protect the vulnerable, and it can also be used as a weapon by feuding family members to punish their rivals.

“People deemed ‘incapacitated’ by a judge can have their homes sold and estates drained with complete disregard to whatever end-of-life decisions they made,” he added.

Advocates who spoke at the roundtable included Christine Montanti, daughter of Karilyn Montanti, Teresa Kay-Aba Kennedy and Libra Max, daughter of artist Peter Max.

“We have cases where adult children are being barred from seeing their sick and dying parents by a guardian,” Borrello continued. “Anyone who has sat vigil by the bedside or held the hand of a sick or dying loved one knows that is fundamentally wrong.”

The senator said testimony gathered will help in drafting legislation to reform the guardianship system to ensure accountability and protect vulnerable seniors from being victimized by unscrupulous court-appointed guardians and the system itself.

BORRELLO HONORS DANVILLE MAN

A Livingston County resident whose heroic actions helped save the life of a drowning man in the Niagara River was honored this week.

Sean Needham was presented with a New York State Senate Liberty Medal for the lifesaving assistance he rendered on Dec. 16, despite the risks it involved to his own life and safety. The medal is one of the highest civilian honors that a New York resident can receive and involves a months-long application process and approval by the Senate majority leader.

Needham, a commercial diver, was working with other members of the BIDCO Marine Group diving team repairing supports on the Niagara River’s Bird Island Pier when they heard a group of fishermen yelling and running towards the water with a life preserver.

“As soon as they realized someone was in trouble, Sean Needham and his colleagues didn’t hesitate; they sprang into action, jumping into the rescue boat to find the drowning individual. Upon reaching him, he resisted their rescue attempts,” Borrello said. “Knowing they only had minutes before hypothermia would take the man’s life, Sean dove into the fast-moving, frigid water where he was able to swim to the victim, get his arms around him, and pull him back to the boat.”

Once in the boat, Needham and his fellow divers worked to prevent the man from going into shock and hypothermia by dousing him with hot water to raise his body temperature. When they were back on land, EMS took over and transported the man to the hospital.

“At a time when it can be easy to get discouraged by a steady stream of bad news, Sean is an inspiring reminder that there is still good in the world,” Borrello said.

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