"The Detective Who Forgot His Daughter: Peter Falk's Alzheimer's & The Law That Changed America"

By Tom Gitaa 

Peter Falk spent 35 years playing Columbo, television's sharpest detective. The man who never missed a clue, never forgot a detail, never lost a case.

But in 2008, when his daughter Catherine knocked on his door, les enfants de la télé Peter looked at her and asked: "Who are you?"

Alzheimer's had taken his memory. But what flowers happened next was even more devastating—his wife Shera refused to let Catherine visit. For three years, Catherine fought in court for the right to see her dying father. She lost.

Peter Falk died on June 23, 2011. Catherine found out on TMZ.

But Catherine didn't give up. She turned her tragedy into sporting life 10k route a mission, lobbying state legislatures across America. Today, over 10 states have passed "Peter Falk Laws"—giving adult children the legal right to visit incapacitated parents.

This is the story of Columbo's final case: a daughter's fight for goodbye, and how one family's tragedy changed guardianship laws for thousands. 

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"The Detective Who Forgot His Daughter: Peter Falk's Alzheimer's & The Law That Changed America"

Can Britney Spears Sue Her Father for Conservatorship Abuse?

The pop superstar filed paperwork to remove Jamie Spears. But experts say her mission to go further and charge him with “conservatorship abuse” won’t be easy

 

By Tessa Stuart

Britney Spears in 2018
Dave Starbuck/Geisler-Fotopress/picture-alliance/dpa/AP

“I’m here to get rid of my dad and charge him with conservatorship abuse,” pop icon Britney Spears told a Los Angeles probate court on July 14th, at the latest hearing in Spears’ escalating 13-year campaign to end the conservatorships that have ruled her life since 2008. 

Their relationship has only fractured further in recent years and on Monday, Spears officially filed paperwork tor remove her father Jamie from the conservatorship. But according to experts, whether Spears’ father will be removed and face criminal charges or civil penalties over what his daughter calls “abuse” are deeply complicated questions. (Until 2019, Spears’ father, Jamie, was in charge of both the conservatorship of Spears’ person and a separate one connected to her fortune.)

There are six ways to end a conservatorship like the one Spears has lived under for more than a decade, according to the California courts’ official guidelines. The majority of conservatorships, like the ones actor Mickey Rooney and radio host Casey Kasem both lived under, remain in place until the conserved person dies. But a conservatorship can also end if the conservator dies or resigns, or if the conservator bleeds the conservatee of all their assets (“Without assets, there may no longer be a need for a conservatorship of the estate,” the court helpfully explains.) 

The only two options that don’t involve death, bankruptcy, or Jamie Spears voluntarily giving up control of his daughter’s $60 million estate are for the court to remove him as the conservator, or for a judge to determine that Spears is “able to handle […] her own affairs.” Both scenarios are rare, but what may be even rarer is for a conservator that has abused his position of power, as Britney has alleged, to be held accountable for their actions — exactly how rare, though, is impossible to say.

Four years ago, the Government Accountability Office tried, and failed, to determine the scope of conservatorship abuse in the United States. The extent of the problem, the report concluded, is “unknown due to limited data.” Conservatorships and guardianships are administered under a patchwork of different state laws, some that employ different rules and terminology. (In many states, conservatorship of a person is called a “guardianship.”) A prior report by the same office nonetheless found rampant abuse within the system, including “hundreds” of allegations of physical abuse, neglect, and financial exploitation by guardians. A close examination of just 20 of those cases found guardians stole $5.4 million in assets from 158 victims.

And while “conservatorship abuse” is not a legal term, Spears does have recourse she could pursue against her father, explains Josephine Gittler, a professor of law and the co-director of the Institute on Guardianship and Conservatorship at the University of Iowa. “The conservator has a legal and ethical obligation to do their job appropriately,” Gittler says. “Britney’s father is managing her $60 million estate, and if he misappropriates or misuses her assets or her funds, then he will be subject to criminal or civil liability under the laws of California — not, per se, for ‘conservatorship abuse,’ but because he has committed a crime that involves misuse or misappropriation of funds.” (Spears has publicly accused her father of approving the use of lithium to control her, of forcing her to work against her will, of threatening to cut off access to her children, and of refusing to allow her to remove her IUD or remarry. She has expressed outrage over her requirement to pay him for his work as a conservator, despite her vehement opposition to his involvement in her affairs and her efforts to have him removed. Spears has not formally accused her father of misappropriating her money.)

“Britney’s father is managing her $60 million estate, and if he misappropriates or misuses her assets or her funds, then he will be subject to criminal or civil liability” – Law professor Josephine Gittler

Spears currently has two different conservatorships: one of her fortune, and one of her person. Jamie Spears was the conservator of both until September 2019, when he resigned as conservator of her person, citing “personal health reasons.” (Jamie Spears’ colon ruptured in 2018.) Jodi Montgomery, a professional conservator who served alongside Jamie for several years, took full responsibility for overseeing Britney’s personal decisions at that time. Today, Jamie remains co-conservator of his daughter’s multimillion-dollar estate alongside the wealth management firm Bessemer Trust, which, amid increasing public scrutiny of the arrangement, asked to withdraw from the case last month. A judge has yet to rule on that request.

To prove that her father has abused his position of power, Spears and her legal team would have to show that he misappropriated or misused her money — but, Gittler says, a conservator would also be at fault if they overcharged for the work that they had done. “It also is a violation of the conservator’s responsibility and duties to charge excessive fees or unwarranted fees — fees for things that he or she really hasn’t done,” she says.  

According to The New York Times, Jamie — who is responsible for approving all of the estate’s expenses — receives roughly $16,000 per month as a salary for his work as conservator, in addition to $2,000 monthly rent for his office. The Times also reports that Jamie received a 2.95 percent commission on his daughter’s 2011 Femme Fatale tour, which grossed $68.7 million, and 1.5 percent of the $138 million the singer earned on merchandise and ticket sales from her Las Vegas residency. 

“The court is supposed to oversee and monitor what the conservator is doing and make sure they’re performing their duties and responsibilities appropriately and that the person under conservatorship is being cared for and protected,” Gittler says. “The court, for example, should be reviewing for the last 13 years what the conservator — in this case, Britney’s father — has been doing in managing her financial affairs, and the fees that he’s charging. And if he hasn’t been doing what he is supposed to do, the court should have stepped in.” 

But she adds, “One of the problems with state guardianship and conservatorship systems is that the main safeguard for the care and protection of persons under conservatorship and guardianship is court monitoring and oversight of conservators and guardians — and, unfortunately, all too often that court monitoring has been ineffective.”

Notes written by the new judge in Spears’ case concerning other aspects of the conservatorship raise questions about how closely the court may have been paying attention over the past 13 years. As Rolling Stone previously reported, Judge Brenda Penney pointed out to Spears’ lawyer in April that a court order that would have given Spears’ conservator the power to make medical decisions on behalf of the pop star — an order which Spears’ former lawyer, Sam Ingham, believed was in effect — did not appear to have ever been filed in the case. (Ingham did not respond to a request for comment from Rolling Stone.)

Spears’ family first pushed to put the pop singer in a conservatorship in 2008, during a meltdown documented by — and arguably caused by — relentless paparazzi attention at the height of the singer’s career. Her family’s concern at the time reportedly stemmed in part from the sway her manager Sam Lutfi held over the pop star’s finances, as well as allegations that he gave Spears drugs. (Lutfi has denied the accusation.) 

“In my opinion, it’s not going to happen that she’s ever going to come out of this conservatorship. I don’t see it. There’s so much money at stake here,” says Catherine Falk, an activist who works with the National Association to Stop Guardianship Abuse but is not personally involved in Spears case. “Everybody’s profiting off of Britney Spears — even the courts are profiting off of her. It’s not in their best interest to just end this conservatorship. There’s so much money involved.”

“Everybody’s profiting off of Britney Spears — even the courts are profiting off of her. It’s not in their best interest to just end this conservatorship” – activist Catherine Falk

Falk is admittedly cynical about the conservatorship system. The daughter of Columbo actor Peter Falk became an activist for conservatorship reform after she was barred from visiting her father, who had been placed in a conservatorship administered by his second wife. Since then, she has advised the families of other celebrities grappling with the vagaries of the conservatorship system. 

There are numerous examples of conservators who have been held accountable for abusing their positions, Falk says, but often, in her experience, not until the conservatee has died. She is leery, based on her own knowledge with the conservatorship system, that Spears will triumph in a suit against her father. “I just don’t think it’s possible,” Falk says. “Everything has to be granted and OK’d by the judge, and that’s the safeguard that these unscrupulous guardians have — being rubber stamped to conduct themselves in this manner. That’s the sad reality of it: There’s no protection.… She doesn’t really understand the well-oiled machine inside the probate system.”

Another obstacle to ending her conservatorship, Falk says, is Spears’ insistence that she not be forced to undergo a medical evaluation, as required by law. (Spears told the court in June that she wanted to end the arrangement without being examined.)

Years ago, Falk worked with the family of Randy Meisner to help the Eagles bassist end his temporary conservatorship. In Meisner’s case, Falk says, a medical evaluation helped convince the judge the arrangement was no longer necessary. That report was written by Dr. James Spar, the same L.A. psychiatrist whose 2008 evaluation laid the foundation for Spears’ conservatorship. (“He’s the most famous, reputable doctor for L.A. courts,” Falk says. Even Adam Streisand, whom Spears attempted to retain as her lawyer when the conservatorships went into effect in 2008, but who was barred by the judge on the basis of Spar’s report, told Rolling Stone he is “a very highly regarded psychiatrist.”)

“There’s no way a judge is going to let her out without being evaluated either by Dr. Spar or by a psychiatrist who is equally powerful in L.A. County as Dr. Spar,” Falk says. 

The tragic irony of Spears’ case is that her best hope to free herself from the conservatorship may come from the intense media scrutiny that was responsible, in part, for creating the circumstances that pushed her into the conservatorship in the first place. If Spears succeeds at freeing herself from the conservatorship, Falk says, “it’s only because of the media attention and because of the scrutiny that this case received that millions of cases, just like hers, have not.”

“The fact that the judge is granting her a private attorney is unheard of in conservatorships.…  Things are being done now that are just never done,” Falk adds. “I think the judge is doing that because of the media scrutiny.… It’s saving her — the media is literally giving her that lifeline.”

Full Article & Source:

Can Britney Spears Sue Her Father for Conservatorship Abuse?

In Other News, Peter Falk’s Daughter is Still Chipping Away at Guardianship

I thank my lucky stars for Catherine Falk, every day of my life. Daughter of TV’s famous, rumpled, delightful Lt. Columbo, she has been working hard to assure nobody else has to go through what she did. When her father was stricken with Alzheimer’s, Catherine was prevented from visiting him by his legal guardian. With the cooperation of the courts, she was not notified when he died. She was not notified of his funeral arrangements.

HIS OWN DAUGHTER.

For those who don’t know, a guardianship is anarchy. The guardian doesn’t have to abide by laws common in child custody. The guardian can do whatever he/she wants. These laws are regulated on a state-by-state basis. The courts are notorious for rubber-stamping them.

I’ve gotten the rubber stamp twice, after filing two petitions in two separate years and under two different judges, to get a visit with my sister Amanda.

Amanda has Down syndrome and in 2013 (following the death of our dad, of whom I was primary caretaker along with Amanda), she was swooped out to Arizona from our home state of Michigan. This was following a dispute between another sibling, our oldest sister Robin, and the current guardian, brother Ted. 

Amanda and I stayed together during those very painful months and we wrote a book, “The North Side of Down.” Immediately after we published it, our story won the Honorary Medallion from the Book Reader’s Appreciation Group. This made Amanda one of the few co-authors in the world with Down syndrome… And Perhaps the only award-winning co-author.

It was my first glimpse into what a horror show guardianship is. I was so relieved when Ted won that case. Amanda was terrified that Robin was going to win. But we both thought things would be just fine now.

WRONG.

Anyone who has followed this blog has seen the struggle I have been though, just trying to get quality time with my sister.

Who knew it was going to be so hard to get permission to take your sister out for movies and pizza?

Evil is rampant, and it isn’t just toward the elderly.

Amanda is a cash cow. Her disability check is “worth a lot more than people thought,” Ted’s wife Ruthie said, back when she was still talking to me.

I couldn’t have cared less about the money. But I am becoming very aware of how much others do.

Back during the days of more open communication, Ted told me he was afraid if Amanda spent too much time with me in Michigan, “she won’t want to come back.”

He transferred her case to Arizona in an attempt to thwart me from filing further petitions. 

It’s not going to work. 

The only thing that has prevented me this year is the influx of Covid-19.

Now, per this text message, he claims he has removed me from notices about Amanda’s legal status through the court. He said I refused delivery (not true) and I will not be getting any more updates. Ted has lied to me in the past, so it may not be true that he has requested me to be removed and the court agreed, but if it is, it wouldn’t surprise me. 

When I posted this latest update on Facebook, a friend asked, “How low can Ted go?”

I guess we are finding that out, eh?

I thought his real low point was when Amanda wept in the restaurant and begged him to let her have time with me.

This friend is not alone. There are a number of friends and relatives, including people who have known Amanda her whole life, who are aghast at the way Ted is treating her. They don’t speak out. Many of them have even withdrawn from Amanda because they are so disgusted by the situation.

I wish people had more courage. Granted, my sisters can be vicious. They are bullies. They will gang up on you.

So what?

Do the right thing. 

We need to shed a light on this unethical behavior of guardians. Thank you, Catherine Falk, for pegging away at it.

On September 24th, Amanda turns 50 years old. Hang in there, little sis. I’m not giving up.

Stop Guardian Abuse

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In Other News, Peter Falk’s Daughter is Still Chipping Away at Guardianship

Caring for Elders: Heartbreak and Guardian Abuse

by Corinne Weaver

The elderly in American society shouldn’t have to plan for the loss of their rights and their estates in their old age. But the current guardianship system threatens the retired community with just that.

Guardian abuse came about from a broken system. States often provide guardians for when the elderly and incapacitated need outside care. County or state courts appoint them to take care of their wards either personally or financially.

But the system failed thousands of people by allowing dishonest people and corrupt politicians to handle guardianship. Public guardians cut off wards from communication with their families, charge massive fees, and in some cases, cause the death of their wards.

A System Motivated By Greed

Not all guardians commit these atrocities. However, more and more victims report guardian abuse every day.

“It’s nothing personal, it’s all about the money,” says Charlie Pascal, whose mother-in-law was a victim. “That’s what I tell all the victims. You have to get past it.” 

The National Association to Stop Guardian Abuse (NASGA) writes that guardianship laws threaten “the health and wealth to our elderly and disabled citizens.” Director Elaine Renoire said that while people are working to pass laws, “legislation is slow moving, so we’re still at it.” 

Guardianships For No Reason

The system supposedly helps those that need it. But what happens when those that don’t get caught?

When Mary Whitten and her sister, Coz Skaife, dealt with their uncle’s guardianship in the State of Pennsylvania, they had no idea how much was involved. The two collected horror stories of wards overmedicated and isolated from their families by unscrupulous guardians.

A small circle of officials, including Judge Stanley Ott, attorneys, and court appointed guardians, assigned guardianships to people without reason. One of the worst stories involves a woman who did not need guardianship or assistance in any way, but had it forced upon her.

Corinne Honeschuck, in the middle of a divorce, got in a debilitating car accident and asked for help in divorce court with her farm. The court gave her a guardian who instead of helping her, sold her farm, charged Honeschuck in storage fees, hourly fees, and help fees. The guardian had no problem with her ward living in a tent in the middle of winter.

 After five years, the guardianship ended, but Honeschuck is still destitute. Her horse farm is gone, so she has no way to make a living.

Honeschuck is not alone. The same circle of people has put many people in public guardianship, overcharged in fees and services, and kept the wards away from their families. But this system of guardian abuse is not unique to Pennsylvania.

Al And the State of Florida

“My father is a poster boy for everything that can go wrong in a guardianship,” says Dr. Beverly Newman. Her father, Al Katz, spent the winter in Florida in 2009, when a medical crisis caused him to be put in emergency temporary guardianship (ETG).

“My father was only a snowbird in Florida,” said Beverly. “He was never a resident of the state. But they took him into guardianship.” The state of Florida did not notify Beverly and her husband of Al’s ETG, which was illegal.

“It was an extremely short hearing,” Beverly related. In a matter of minutes, a guardian took possession of Al’s assets. He was placed in hospice care in a nursing home, even though according to Beverly, he was relatively healthy for someone his age. “He couldn’t do his taxes by himself or drive, but that didn’t qualify him for guardianship from total strangers,” she said.

When Beverly and her husband finally heard that her father was in a nursing home, they left Indianapolis immediately and drove to Florida to pick him up. “I finally got ahold of my father,” Beverly recalls. “He was crying, ‘Come get me, please.’ So I told him, ‘Dad, I’m coming.’”

Al was under lockdown in the nursing home, and Beverly had to get a court order in order to visit her father. The terms of her court order were strict: She had three hours every day to visit her father. If she missed a day, she could never make it up.  If she ever told her father about the guardianship, her visitation rights would be taken away.

The Suffering Caused by the Guardian Abuse

The nursing home provided horrible care to Al. He was a Holocaust survivor suffering from PTSD after spending seven years of his life in camps in Europe, so the lockdown, behind “huge metal doors,” reinforced his trauma. When Al first came to the nursing home, the guardians attempted to put him in involuntary commitment in a hospital. The hospital refused, diagnosing him with “cardiac distress.”

That didn’t stop his caretakers. They placed him in lockdown in the nursing home for a total of three weeks.

Beverly told Caracal, “He had bed sores for months. They didn’t take care of him. When he got out, he had cellulitis and sepsis.” Eventually, Beverly won the guardianship of the person of her father. She brought him home and cared for him without any outside assistance.

Manatee County assigned a public guardian to the estate.

“My father had $300,000 in liquid assets at the start of his guardianship,” said Beverly. When he passed away in 2010, she said “His estate had $400 in it. They took everything. And they refused to pay my father’s income taxes.” The guardians cashed out Al’s life insurance policies, stole jewelry from the estate and charged an additional $45,000 when Al passed away in 2010.

Beverly said the fallout from the guardianship continues to this day. “We’re still losing a lot of money,” she stated. “It’s been ten years since he went into guardianship, and nine years since he passed away. It just drags on.” 

Marcy And The State of Nevada

In an interview with Caracal Reports, Charlie Pascal detailed the guardian abuse that happened to him and his family while his mother-in-law, Marcy Dudeck, was a ward of the state of Nevada.

After Marcy’s husband died in 2006, the family tried to get Marcy’s son to care for his mother. According to Charlie, “We thought taking care of his mother might help give him a fresh start.” But this was not the case. After a domestic assault resulted in a police visit, the authorities removed Marcy from her home. They placed her in an assisted living facility, where she tested incompetent.

“Immediately, the state moved to start guardianship procedures on her,” said Charlie. “We tried to apply for guardianship, but at that time, Nevada had a law that stated that out of state relatives couldn’t be guardian of any resident.” 

Commissioner Jon Norheim refused to allow the Pascals to take Marcy into their care. However, Chancellor Gardens treated Marcy terribly. Charlie said, “We went to visit my mother-in-law and found she hadn’t been bathed in two weeks.” He added, “We told Norheim how bad the conditions were, and he said he didn’t care.” 

Eventually the Pascals took matters into their own hands and took Marcy out of Chancellor Gardens. They brought her to California and put her in a better assisted living facility. However, the nightmare didn’t end there.

The Assignment Of a Guardian

In 2007, the state of Nevada appointed Jared Shafer as guardian to Marcy Dudeck. A few months later, Charlie received a call from his broker.

“Shafer was removing money out of her account,” he said. “$25,000 here, $50,000 there, liquidating bonds. I called Shafer and told him I was going to report him.” 

A year later, the IRS called Charlie. “The taxes on the Dudeck estate had not been paid in two years,” he related. “Shafer was responsible for paying the taxes, and didn’t do it.” 

A blog post published in 2017 stated that the guardians acted legally. Under the jurisdiction of the courts, they did nothing wrong.

A court order held that Marcy was to stay in California assisted living facility for the rest of her life, where she was happy and close to family. But in 2009, Marcy was kidnapped. She was brought to the state of Nevada and put under the direct care of Shafer.  Witnesses in California said she started crying, saying she was being forced against her will to leave there.

She died on February 5, 2010, malnourished, dehydrated, and without proper care.

Why Did It Happen?

Charlie Pascal believed that part of the reason the state of Nevada held on to Marcy was for her vote. He told Caracal Reports that in 2012 and 2014, Marcy voted, even though she had already died in 2010.

A blog written by a retired clerk in Clark County, Nevada, backs up his statement.

The clerk wrote, “Fraudulent guardianships are encouraged by the Clark County court system because the money from guardian confiscated accounts finances voter fraud.”

“The problem with this field is when a family falls into the system, it’s like traveling into a bad version of Alice in Wonderland,” said Charlie. “Everything is turned upside down.”

That same guardian was implicated in a number of scandals in public guardianship.

Millions Affected by Guardian Abuse

A report to the Senate Special Committee on Aging found that 1.3 million individuals are under guardianship in the United States, with more than $50 billion worth of assets held in guardianship accounts.

However, that number may not be entirely accurate. Few states report complete data, according to the Center for Elders And the Courts. Courts seal some cases entirely, preventing the public from knowing the details.

Guardianship is typically permanent. The ward’s death marks the end of a guardianship, at least, on paper.

According to the Orlando Sentinel, a professional guardian, Rebecca Fierle, signed DNR orders for her wards without court approval. 75 year old Steven Stryker, one of her wards, died because of one of these orders. When state agents searched Fierle’s office, they found the cremated remains of nine of her wards. She had been the guardian for more than 500 people before the courts removed from her position.

Florida Governor Ron DeSantis launched an investigation of the state’s Office of Public and Professional Guardians.

The Move To Stop Guardian Abuse

The National Association to Stop Guardian Abuse, an organization with more than 40,000 members, works hard to enact better legislation statewide and federally to stop this abuse. Director Elaine Renoire told Caracal Reports that many families had complained that “unscrupulous guardians isolated the person in guardianship from family, friends, and clergy.”

The Association’s legislative team, headed by Catherine Falk, daughter of actor Peter Falk, worked to pass the Peter Falk Right of Association Act in 50 states. 20 state legislatures are currently considering the bill.

A criminal bill, The Peter Falk Criminal Isolation of Elders Act, passed in three states. It subjects guardians and power of attorney agents to criminal prosecution for wrongful isolation.

A revision to an already existing law, the Uniform Guardianship Conservatorship and Other Protective Arrangements Act, addressed wrongful isolation as well. It passed in two states, Maine and Washington.

Senate Attempts To Stop Guardian Abuse

A guardian from Nevada used the system to exploit 150 individuals. Cases like these, reported in the mainstream news, sparked national attention. In 2018, Senators Susan Collins (R-ME) and Bob Casey (D-PA) introduced a bill, The Guardianship Accountability Act, into the Senate.

Senator Collins said, “Protecting older Americans from financial fraud and exploitation has long been one of my top priorities.” Senator Casey added, “While most guardians act in the best interest of the individual they care for, far too often, we have heard horror stories of guardians who have abused, neglected or exploited a person in their care.”
 
The bill pushes for mandatory background checks for guardians, increased supervision of guardians, and an encouragement for less guardianships in general.

The bill has yet to make it to the floor.

The House of Representatives’ Attempt

The House of Representatives more recently launched another bill, HR 4174, on August 7, meant to reform state guardianship. This bill was in response to the abuses in Florida, particularly the ones wards received at the hands of Fierle. It repeated the same recommendations as the Senate Bill.

For now, the families of the victims have only more work to do. While states and counties refuse to investigate or prosecute public guardians for abuse, these families remain the only reminder that something went wrong in the system.

“They try so hard to get rid of us,” Beverly said. “But they are never getting rid of us.”

Full Article & Source:
Caring for Elders: Heartbreak and Guardian Abuse

Sunday Night Live

Source:
Sunday Night Live

Rhode Island News: Rhode Island Governor Gina M. Raimondo signs 183 bills, including legislation expanding access to contraceptive care

PROVIDENCE, RI – Rhode Island Governor Gina M. Raimondo this evening signed and vetoed 188 bills.  She vetoed three laws (five bills), including the so-called Peter Falk bill, a bill requiring sellers of real estate disclose to potential buyers if the premises were used for marijuana cultivation and a bill related to surplus line insurance.

In vetoing the Peter Falk bill (H 8352 as amended/S 2421 as amended), Governor Raimondo acknowledged the good intentions of the bill which aimed to reduce elder abuse, but noted concerns raised by senior advocates. Maureen Maigret, Chair of the Aging in the Community Subcommittee of the Long Term Care Coordinating Council; Meg Underwood, Rhode Island Senior Center Directors’ Association; Kathy McKeon, Catholic Social Services; and Kathy Heren, Rhode Island’s Long-Term Care Ombudsman. Elder advocates and advocates for Rhode Islanders with disabilities along with the Rhode Island Division of Elderly Affairs and the Rhode Island Department of Behavioral Health, Developmental Disabilities, and Hospital are concerned that there was not sufficient engagement in crafting this legislation and cite many potential unintended consequences for Rhode Island. Governor Raimondo is committed to working with advocates and legislators next year to pass a version of the bill that better protects Rhode Island’s most vulnerable seniors. Her veto message is available here.

A full list of bills transmitted today will be released by the Governor’s Office tomorrow.  There is no additional legislation awaiting Governor Raimondo’s action.

Full Article & Source:
Rhode Island News: Rhode Island Governor Gina M. Raimondo signs 183 bills, including legislation expanding access to contraceptive care

Senate passes Lombardi bill that criminalizes the forced isolation of an elder or dependent adult

Sen. Frank S. Lombardi

STATE HOUSE — The State Senate today passed legislation introduced by Sen. Frank S. Lombardi (D-Dist. 26, Cranston) that would make it a crime to keep an elder or dependent adult in forced isolation.

The Peter Falk Criminal Isolation of Elders Act (2018-S 2421Aaa) would criminalize isolation of an elder or dependent adult and would provide that certain notification requirements be fulfilled on behalf of elder persons or dependent adults.

“It has become a common problem,” said Senator Lombardi. “Some adult guardians will isolate those they’re supposed to protect in order to retaliate against families who complain or for more nefarious reasons.  This legislation would protect adults who may be unable to express their preferences due to physical or mental condition. It effectively makes it a crime to keep elders in isolation.”

Catherine Falk

The act is named after the late Peter Falk, best known for portraying Lieutenant Columbo on television. His daughter, Catherine Falk, is a national activist for guardianship reform and elder abuse awareness.

Last year, she testified in favor of a law sponsored by Senator Lombardi and Rep. Brian Patrick Kennedy (D-Dist. 38, Hopkinton, Westerly) that passed by the General Assembly that provides persons under limited guardianship, guardianship and conservatorship with rights designed to protect them from mental, physical and financial abuse by their guardians and conservators.

Falk, who created a national organization to work on the visitation rights for individuals (www.catherinefalkorganization.org), watched how her father brought his mother’s caretaker to justice in New York for financial exploitation when the caretaker was supposed to look after her grandmother but instead abused her emotionally and financially. Peter Falk worked with the District Attorney’s office to press criminal charges for elder abuse and financial exploitation, and made a public service announcement about elder abuse.

Under the provisions of the proposed legislation, any person convicted of abuse or isolation of an elder or dependent adult would be guilty of a felony and be imprisoned up to three years or fined up to $3,000 or both. The act also changes the definition of “elder” from anyone over the age of 65 to anyone over the age of 60.

The measure, which is cosponsored by Senators Erin Lynch Prata (D-Dist. 31, Warwick, Cranston), Stephen R. Archambault (D-Dist. 22, Smithfield, North Providence, Johnston), Senate Minority Leader Dennis L. Algiere (R-Dist. 38, Charlestown, South Kingstown, Westerly) and Frank A. Ciccone III (D-Dist. 7, Providence, North Providence), now moves to the House of Representatives for consideration.


For more information, contact:
Daniel Trafford, Publicist
State House Room 20
Providence, RI 02903
(401)222-1922

Full Article & Source:
Senate passes Lombardi bill that criminalizes the forced isolation of an elder or dependent adult

Preventing Senior Isolation: Can You Actually Adopt a Senior?

A recent article in The Washington Post focused on the millions of Chinese citizens living alone. There was a particular emphasis on one: Han Zicheng. He literally wanted to be adopted.

Han posted note in a bus shelter. According to the Post, the headline read: "Looking for someone to adopt me." The text that followed said: "Lonely old man in his 80s. Strong-bodied. Can shop, cook and take care of himself. No chronic illness. I retired from a scientific research institute in Tianjin, with a monthly pension of 6,000 RMB [$950] a month."

A woman saw the note and posted it on social media, and Han received extensive media coverage.

Unfortunately, he died March 17 – his death mostly unnoticed, his adoption just a dream.

About 15 million people in the U.S. live alone, including 27 percent of the 65-plus population. Carol Marak, an advocate on behalf of older adults and family caregivers, calls these people "elder orphans." Isolation can lead to poor physical and mental health as well as thoughts of suicide – thoughts Han had as he desperately sought companionship.

Legal Adoption Fraught With Minefields

Obviously, I'm not a legal expert, but from what I've read, in very specific circumstances you can adopt someone older than yourself. You don't have to stretch much to see the potential of elder fraud and abuse. What commonly happens when an older adult cannot take care of him or herself is guardianship.

According to the National Guardianship Association, "Guardianship is a legal process, utilized when a person can no longer make or communicate safe or sound decisions about his/her person and/or property or has become susceptible to fraud or undue influence."

Guardianship gone wrong can be disastrous. Just ask Catherine Falk, Peter Falk's (Columbo) daughter. In 2009, during her legal battle to see her ailing father, she proposed a "Right of Association" bill for the state of California, enabling visitation rights among family members when an ailing, incapacitated loved one who is being wrongly isolated by a guardian or power of attorney. She has joined forces with the National Association to Stop Guardian Abuse in an effort to pass legislation in every state across America to prevent this.

An Adoption Mindset

OK, so perhaps legal adoption is out of the question. You can think instead about developing an adoption mindset. Here are some things we can do as a community.

• We covered home sharing in a previous article. In the context of that article, it was more about the older person having someone move into their house. But it could work the opposite way, too, having someone live with a family.
• The Adopt an Elder Foundation in California provides financial and advocacy assistance to low-income elders that affords them the opportunity to maintain an appropriate degree of independence and quality of life. Other communities can emulate this.
• In Charlotte, North Carolina, Love Inc help congregations in forming one or more LINC (Love In the Name of Christ) teams. A team is a group of six to 12 individuals who agree to provide certain types of services such as transportation, grocery shopping, yard work, house cleaning, visitation, meal preparation and telephone contact.
• If you need inspiration, check out Angela Bronson's buddy program in Los Angeles. Once a month, her third-grade students visit residents in the Jewish Home for the Aging. where they interview and write a short biography on the life of their elderly buddy. This can easily be adapted for home-bound elders.

Elder Orphans and Potential Orphans Can Help Themselves, Too

Consider that 19 percent of women ages 40 to 45 have no children, and you quickly realize that this problem can continue for generations. So, it's best to be prepared sooner than later.

• Make sure you're legally protected as you age. Do you have a will, an estate plan, a trust, a medical and financial power of attorney, and an advanced directive?
• Are you in the best possible health? Evaluate your eating habits. Look at your exercise routine. Staying healthy is the key to aging in place, in your home.
• Surround yourself with people, in essence, forming a "family" to substitute for a spouse and children. Create a lifestyle that does not isolate you.
• Consider a move to an urban area where you can walk to nearby locations while in turn keeping fit.
• You might consider a move even if you already live in an urban area. If your home isn't suited for aging in place, you might need to find a place that will serve you better.
• Aging alone can lead to mental decline unless you consciously work on it.
• Carol has created the Elder Orphans Facebook group that people can join for mutual support. There are nearly 8,000 members. She has taken that further and formed her own local group that physically meets in her community.

Working together as a community and with our older adults, we can minimize isolation and all of the bad effects it can have on quality of life for older adults.

Full Article & Source:
Preventing Senior Isolation: Can You Actually Adopt a Senior?

General Assembly passes Kennedy bill protecting adults under a guardianship

PROVIDENCE — The General Assembly passed legislation introduced by Rep. Brian Patrick Kennedy (D-Dist. 38, Hopkinton, Westerly) and Sen. Frank S. Lombardi (D-Dist. 26, Cranston) Wednesday that would secure the rights of adults who are under a limited guardianship on June 29.

The bill would provide those under limited guardianship, guardianship and conservatorship with necessary rights designed to protect them from mental, physical and financial abuse by their guardians and conservators.

“Adults who are the wards of limited guardians sometimes have no recourse when they become the victims of abuse, whether that abuse be physical, emotional or financial,” Kennedy said. “This legislation spells out the rights of those wards and prohibits guardians from treading on those rights.”

Catherine Falk, the daughter of the late Peter Falk, best known for portraying Detective Columbo on television, is a national activist for guardianship reform and elder abuse awareness. She appeared before the House Judiciary Committee to testify on behalf of the legislation.

“It has become a common problem,” Lombardi said. “Some adult guardians will isolate those they’re supposed to protect in order to retaliate against families who complain. This legislation would protect adults who may be unable to express their preferences due to physical or mental condition. In that case, consent would be presumed based upon the protected person’s proven relationship history with the person seeking visitation.”

The second part of the legislation stipulates that an emergency hearing should be conducted if the protected person’s health is in significant decline or death may be imminent. In these circumstances, supervised visitation would be put in place until the hearing and subsequent court ruling is complete.”

— Legislative Press and Public Information Bureau

Full Article & Source:
General Assembly passes Kennedy bill protecting adults under a guardianship

Big changes for guardianship in Nevada

RENO, Nev. (KOLO) - Many of us remember the actor Peter Falk as the bumbling detective “Columbo” or as the grandfather-story teller in "Princess Bride."

In New York state, prosecutors know him as a son who pushed for the arrest and conviction of a man who befriended his wealthy mother, isolated her and bilked Madeline Falk out of a million dollars.

“He did public service announcements for financial exploitation. He felt very passionately about it,” says Catherine Falk.

But what you may not know is Falk had two daughters who found out about their father's death through news media accounts.

Catherine Falk says she fought her stepmother in court for months to gain access to her father, who by the time she got to see him suffered from dementia.

“You know the burden should not be placed on the person--the family that's wanting to see visitation. The burden to isolate should really be put on the power of attorney to justify why are you isolating this person from all of these people,” says Falk.

If you think such things are impossible in this day and age, think again.

Current laws in Nevada allow a court appointed guardian--be it relative, a private company, or public guardian--to make all decisions for the person who is declared incapacitated, sometimes with very abusive results.

“A private professional guardian who had moved that elderly person, and was charging unbelievable fees. One day it appeared as if they billed 25 hours in one day.....yeah.” testified Barbara Buckley with Legal Aid Center of Southern Nevada.

Her agency has investigated and represented “Protected Persons” for more than a year now.

Buckley told Assembly Judiciary Committee members she supports both Senate Bills 433 and 360 because they paint clear-cut lines with what rights a "protected person" has, as well as directs the guardian to what they can and cannot do, and what needs to be reported to the court that oversees the process.

"The Bill of Rights" which she authored, if passed, would make Nevada only the third state in the nation with such a system in place.

“So this to me is one of the best bills in the country,” said Catherine Falk about SB 360 which contains the Bill of Rights as well as criminal penalties for guardians convicted of elder abuse or exploitation.

Guardians and facilities that violate the bill of rights can face civil litigation. But both Senate Bill 433 and 360 must make their way to the governor's desk first.

Assembly Judiciary took no action on these two bills May 15, 2017.

But as one lawmaker said last week, this session could be the year of marijuana, as well as changes to guardianship.

Full Article & Source:
Big changes for guardianship in Nevada

Assembly hears testimony on reforming Nevada guardianship system

Barbara Buckley

CARSON CITY — The Assembly Judiciary Committee on Monday heard two bills aimed at reforming Nevada’s guardianship system.

Senate Bill 360 puts tougher penalties in place for guardians who abuse and neglect elderly and vulnerable wards in their care. The bill allows prison sentences of up to 20 years for such cases. The current maximum is six years in prison.

Senate Bill 433 puts a mechanism in place to ensure a protected person can communicate with family and friends. Supreme Court Justice James Hardesty told lawmakers that the state’s guardianship commission had found protected people were often restricted in that regard.

“It starts with the presumption that guardians will not restrict someone from communication,” he said.

Barbara Buckley, executive director of the Legal Aid Center of Southern Nevada, told lawmakers that checks and balances are needed. She shared a story about a woman under the care of a guardian who was put into a group home, isolated from family, as her belongings were sold.

“The guardian acted like God, destroying this person’s life,” she said.

The Assembly panel also heard testimony that included support from Catherine Falk, the daughter of actor Peter Falk.

She told the committee of a lengthy legal battle to see her father, who was suffering from dementia, after her stepmother wouldn’t allow visits. Falk died in 2011 and was buried without his two daughters being notified; they found out through media reports. She now advocates for guardianship laws through the Catherine Falk Organization.

“We feel if a guardian is restricting visits unfairly or without real reason other than personal animosity towards the family or simply for convenience, the court should know about it by requiring real proof that isolation is necessary,” Falk said.

The committee did not act Monday on the bills, which have both passed the Senate unanimously.
Contact Ben Botkin at bbotkin@reviewjournal.com or 775-461-0661. Follow @BenBotkin1 on Twitter.

Protections for wards

Rights for those under guardians in the “Wards’ Bill of Rights” of Senate Bill 360:

■ Notice of all guardianship proceedings.
■ A copy of documents in guardianship proceedings.
■ A family member, interested party or medical provider can speak on behalf of a ward.
■ Participate in developing a plan for your care and managing assets and personal property.
■ Remain as independent as possible.
■ Be treated fairly by guardian.

Full Article & Source:
Assembly hears testimony on reforming Nevada guardianship system

See Also:
Guardian oversight bill headed for vote in Nevada Assembly

‘Columbo’ bill seeks to curb guardian power

ALBUQUERQUE, N.M. — While New Mexico waits, several states are moving ahead with key reforms.

Catherine Falk

Arizona, Hawaii, New York, South Dakota, Tennessee, Utah and the U.S. Virgin Islands all passed versions of the so-called Peter Falk bill last year – legislation that originated with the late “Columbo” actor’s daughter, Catherine Falk.

She was denied visitation with her father at the end of his life, not because a court appointee stopped her, but rather because her father’s second wife did. She says she learned of her father’s death in 2011 from the media.

Falk urges states to pass legislation that declares: “A guardian may not restrict an incapacitated person’s right of communication, visitation, or interaction with other persons, including the right to receive visitors, telephone calls, personal mail or electronic communications.”

The Falk bill also requires guardians to alert applicable family members when their loved one’s residence changes and when he or she develops a life-threatening condition or dies.

Falk told the Journal she and representatives of the National Association to Stop Guardian Abuse met with New Mexico Senate Majority Leader Peter Wirth, D-Santa Fe, in the summer of 2015.

“We were (working) full force with his legal drafters and we came up with a draft bill … in December 2015,” she said. “It got nipped really quick. We were told this language is too dicey and we want to wait for the ULC law committee.”

Wirth declined to comment to the Journal for this story.

Asked what she believes the chances are for passage of the Falk bill in New Mexico, Catherine Falk said, “Very bleak. The biggest forces there are working against us. They are powerful and have deep pockets, and it’s very difficult to combat that.”

Begging for reform

Falk isn’t the only activist frustrated by the inability to enact elder guardianship safeguards in New Mexico.

Marcia Southwick

“I’ve been speaking with legislators since the 2013 legislative session,” said Santa Fe resident Marcia Southwick, co-director of the National Association to Stop Guardian Abuse, in describing the times she has discussed the issue with lawmakers and, literally, begged for reforms.

“I got up at committee hearings and said, ‘No one is monitoring this system!’ I’ve heard from many family members who say they have nowhere to turn.”

Southwick says she has been told the legislative leadership was waiting for proposals from the Uniform Law Commission, a national group of lawyers that proposes uniform laws for states to consider.

Southwick’s organization and other concerned groups monitoring draft versions of guardian reform as they are produced by the ULC committee on Guardianship and Protective Proceedings say they are discouraged because, they believe, proposed new language still benefits the for-profit players and does nothing to acknowledge or rein in problem guardians, conservators or caretakers.

Full Article & Source:
‘Columbo’ bill seeks to curb guardian power

The Artist Loft Welcomes Catherine Falk (The Peter Falk Bill) As Our Guest

ARE YOU BEING DENIED THE RIGHT TO VISIT YOUR LOVED ONES WHO SUFFER FROM DEMENTIA AND ALZHEIMER'S?

Join us on The Artist Loft, from 7-8:30 PM EST and 6PM CST to chat with, and obtain important information you should know about.

Welcome to the Artist Loft with radio host/producer Gigi Adams-Evans and Co-host ( Recording artist manager and web developer), PJ Sampson.

Catherine Falk

We are involved in the movement and continued support for Dementia and Alzheimers and invite you to engage in dialog with us and our very special guest, Catherine Falk, the daughter of the late Peter Falk,to discuss guardianship laws and her bill, "The Peter Falk Bill."

Ms. Falk is an advocate for Alzheimer's and Dementia and she strongly believes that guardianship laws which keep loved ones away from their parents and other loved ones who suffer with Dementia and Alzheimer's should not be supported by judicial laws. 

Myself and PJ Sampson (A Caregiver) support Ms Falk' and "The Peter Falk Bill."

The Artist Loft Welcomes Catherine Falk - The Peter Falk Bill - as our Guest

Peter Falk's Law Designed to Protect Alzheimer's and Dementia Patients

For 10 years, Peter Falk brilliantly portrayed Lieutenant Columbo, an LAPD detective of Italian descent, in the hit television series “Columbo.” While wearing his trademark wrinkled raincoat, chronically absent-minded and perpetually disheveled, Columbo would quickly and intellectually disarm a suspected murderer. Through skilled and insightful questioning and with a keen eye for detail, he was able to solve the most complex homicides.

However, putting Hollywood fantasies aside, Falk, a native New Yorker and graduate of Ossining High School, sadly is said to have spent his last days suffering from the ravages of Alzheimer’s disease while allegedly isolated from his family and friends by his second wife, his court-appointed conservator under California law. As Falk’s conservator, she allegedly prevented his daughter and other family members from visiting him, failed to notify them of major changes in his condition and even allegedly failed to notify them of his demise in 2011 and his funeral arrangements.

Because of her heartbreaking experience, his daughter, Catherine Falk, has fought to have legislation passed nationwide, known as Peter Falk’s Law, that provides specific guidelines that guardians and conservators for an incapacitated person must comply with relevant to visitation rights and notice of end of life.

In New York, the bill was signed into law on July 21 by Gov. Andrew Cuomo. Thus, New York has become one of the many states that have adopted Peter Falk’s Law.

As a result, the Mental Hygiene Law of New York was amended with three new paragraphs relevant to guardianship duties. They provide as follows:

*The order of appointment shall identify the person entitled to receive notice of the incapacitated person’s death, the intended disposition of the remains of the decedent, funeral arrangements and final resting place when that information is known or can be reasonably ascertained by the guardian.
*The order of appointment may identify the person or persons entitled to notice of the incapacitated person’s transfer to a medical facility.
*The order of appointment may identify the person entitled to visit the incapacitated person, if they so choose. However, the identification of such persons in the order shall in no way limit the person entitled to visit the incapacitated person.

Clearly, the intent of Peter Falk’s Law is to ensure that children from a previous marriage, as well as other family members, are not denied the right to visit their incapacitated parent or loved one by a current spouse who is a guardian/conservator with whom they may have a poor relationship. The law in essence requires that the court address the issue of visitation, notice of transfer to a medical facility and death in its initial order appointing a guardian for the incapacitated person. Ultimately, the goal is to prevent a guardian from improperly isolating his or her ward and limiting visitation.

Full Article and Source:
Peter Falk's Law Designed t oProtect Alzheimer's and Dementia Patients

See Also:
NASGA:  Legislation

Glen Campbell Honored Among Alzheimer's Angst

Note:  The Falk/NASGA Legislative Team crafted the "Campbell/Falk Act" with the help of Senator Rusty Crowe and his wonderful legislative team. That bill became our signature bill and it received positive reviews in many states around the county.

The Campbell/Falk Act easily and enthusiastically passed the Tennessee Senate; but met with strong opposition in the House.  The House basically gutted our bill (removing accountability by adding a sentence which would have given public and professional guardians exemption from the requirements of the new law).  It was touch and go and we were worried the bill would not pass.

Were it not for the monumental efforts of Senator Rusty Crowe in negotiating with the House to remove the "free pass" the House version wished to give to public and professional conservators, the Campbell/Falk Act would not have passed at all.  

We are grateful to Senator Crowe for going more than the extra mile to ensure the passing of the re-drafted Campbell Falk Act in Tennessee, for his friendship and support, and the many hours he spent working with the Falk/NASGA legislative team to create the original bill which soon passed in its entirety in South Dakota.   

The country crooner was diagnosed with Alzheimer’s in 2011. This diagnosis spurred a documentary being filmed of his final tour as Campbell wanted to bring awareness to the disease to help others. It also brought on a family feud that continues today when Campbell does not have the ability to facilitate a reconciliation.

The prestigious Awards show will be televised for the first time in its 10 year history on September 9th, 2016 at 9:00 p.m. eastern on CBS. Glen Campbell will be honored by many via a medley of his hits by some of today’s hottest stars in country music at the 2016 ACM Honors which were filmed on August 30, 2016.

During the Awards show you will see a lot of great folks performing and being honored at this award show. What you won’t see are the adult children from Glen’s first and second marriages who were sitting in the audience get up and stand on the stage with Glen’s 4th wife and their 1/2 siblings to accept the award. The apparent shun and animosity did not go unnoticed by dozens of industry people in attendance and the Nashville music community is concerned.

There has been an ongoing feud between Glen’s 4th wife and some of his adult children from previous marriages for several years now. This unfortunately is happening more and more in families with loved ones suffering from Alzheimer’s. It seems to be a growing epidemic happening in today’s modern families, especially in families where there have been multiple marriages. Some good came from this feud however as the two oldest Campbell children (Debby & Travis) teamed up with Catherine Falk, the daughter of deceased actor Peter Falk and secured the Campbell Falk Bill. That Bill became law this past September, 2016.

Full Article and Source:
Glen Campbell Honored Among Alzheimer's Angst

See Also:
NASGA:  NASGA Members in Legislative Action

Famous faces of Alzheimer Disease

Perry Como, Ronald Reagan, Peter Falk

It seems as time goes on, we are hearing more and more about Alzheimer Disease. There have been many people that have suffered with the disease. In this piece we will cover some of those folks with the famous faces of Alzheimer Disease.

Famous Actors and Actresses
First of all, some famous Actors and Actresses that have suffered with Alzheimer’s are Rita Hayworth, Ronald Reagan, James Stewart and Charlton Heston. There was also Charles Bronson, Peter Falk, Burgess Meredith, Eddie Albert, James Doohan, Jack Lord, and Mickey Rooney. Daytime soap fans had to say goodbye to Mary Fickett (Ruth Martin of All my Children,) and David Canary (Adam Chandler of All My Children) because of the disease. There have been many more but these are most noteworthy, relevant and recognizable names.

Famous Singers
Some famous singers that have suffered with Alzheimer’s Disease are Etta James and Perry Como. Glen Campbell is currently residing in a memory care facility in the Nashville area.

Catherine Falk heads up the Catherine Falk Organization and it was Catherine Falk that spearheaded the Campbell-Falk Bill which was passed into law this past May, 2016. Especially relevant is the Campbell Falk Bill was constructed to insure liberal access to a loved one who is a ward. That access is granted until it is proven in court that it shouldn’t be granted.

There are many organizations where you can get more information regarding Alzheimer’s Disease. There are 7 stages of the disease. It had been dubbed as “the long goodbye,” by Nancy Reagan, former first lady of the United States. Mrs. Reagan took care of her husband Ronald Reagan until the end with dignity and respect.

Alzheimer’s Disease is an equal opportunity disease and effects people in all walks of life. Early onset Alzheimer’s can begin as early as in your 40’s or 50’s.

Full Article and Source:
The Famous Faces of Alzheimer Disease

"Falk's Law" to Strengthen Requirements for Guardians

New obligations have been added to the responsibilities of people appointed in New York as the legal guardians of others due to their incapacitation.

Guardians will now be required to notify people designated in an "order of appointment" of the incapacitated person's transfer to a medical facility, their deaths, their funeral arrangements and their final resting places or the intended disposition of their remains, under a new law signed by Gov. Andrew Cuomo.

The sponsors of the legislation, A3461/S5154, dubbed it "Peter Falk's Law" and said it was designed to prevent situations such as those experienced by relatives of the late "Columbo" actor.

A daughter of Falk's from his first marriage contacted Assemblyman William Magnarelli, D-Syracuse, complaining that she and her siblings were unfairly blocked by Falk's second wife from visiting their terminally ill father and were not told about his medical condition in the years leading to his 2011 death.

Magnarelli and state Sen. John DeFrancisco, R-Syracuse, subsequently introduced the bill, which Cuomo signed Thursday.

Falk had a graduate degree from Syracuse University.

Lucian Chalfen, a spokesman for the state Office of Court Administration, said it makes sense that guardians be obligated to provide the information.

"This new law will be an additional, albeit important, step in the process to insure all family members are involved in the guardianship process," he said.

The measure takes effect immediately.

Source:
Falk's Law To Strengthen Requirements for Guardians

Press Release: Governor Cuomo Signs "Peter Falk's Law" Legislation Establishing End of Life Notification Requirements

For Immediate Release: 7/21/2016
GOVERNOR ANDREW M. CUOMO
State of New York | Executive Chamber
Andrew M. Cuomo | Governor

"Governor Andrew M. Cuomo today signed "Peter Falk's Law," legislation that requires guidelines for end of life notices and visitation rights regarding incapacitated individuals subject of legal guardianship proceedings.

The bill (A.3461-C/S.5154-C), requires the court order appointing a guardian to oversee the care of an incapacitated person to identify all individuals who are entitled to notice of a person's death, funeral and burial arrangements.

"Losing a loved one is always hard, but not being given the chance to say goodbye is perhaps even harder," Governor Cuomo said. "This measure will help ensure an individual's friends and family will have an opportunity to express their love and pay their respects at this critical and trying time."

In some circumstances under the current law, legally-appointed guardians have failed to notify family members or close friends of the individual when they become sick, are admitted to the hospital, or pass away. By requiring the identification and notification of other family and friends, this law will help ensure legal guardians will no longer be able to improperly isolate an incapacitated person at the end of their lives.

Senator John A. DeFrancisco said, "I am very pleased that Governor Cuomo has signed my bill to become Peter Falk's law. For every wrong, there should be a remedy. This law will help to protect the sick and dying from isolation from their family, while ensuring that next of kin are informed of the person's condition and ultimately notified of the person’s death, funeral and burial arrangements."

Assemblyman William B. Magnarelli said, "I want to thank the Governor for signing this important bill into law. The bill is named in honor of the legendary actor, Peter Falk. Peter Falk was a native of New York and a graduate of Syracuse University. This law will protect the rights of adult children and relatives when a person is placed under the care of a guardian. It will protect their right to be notified of the person’s passing and if they have been admitted to the hospital. It also allows the appointing court to identify those entitled to visitation in the guardianship order. The issue was brought to my attention by Catherine Falk, Peter’s daughter. When her father became ill, she was prevented from visiting him and was not notified of major changes in his condition. This inspired her to become an advocate for other families facing the improper isolation of a relative by a guardian. I want to thank Catherine for her tireless advocacy in getting this important bill passed."

"Peter Falk's Law" was sparked by the end-of-life treatment of the late actor and "Columbo" star Peter Falk. Mr. Falk's daughter had alleged the actor's second wife obtained conservatorship of him and blocked all contact with other family members at the end of his life." New York Press Release.

See Also:

Catherine Falk Organization

 NASGA