"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"

Isolation in Virginia

At the 50.34 minute mark of this video (click the link below), NASGA member Mike Jacobs stands before a crowd who has gathered to support candidate Delegate Mark Levine.

Mike hasn’t seen his love, Jane, for two long years – ever since she was placed in a guardianship. Jane’s guardian does not allow him to visit or communicate with her, even though it is clear Jane misses him and wants to see him. She has sneaked in phone calls to Mike when she can and begs him to come and see her.

Her health is fragile and Mike fears he’ll never see her again. His testimony is emotional and raw. THIS is the hurt, worry, and devastation people feel who have wrongfully been shut out of their loved one's life. As bad as Mike feels, we know Jane feels even worse because she doesn’t understand why Mike isn’t with her and comforting her now when she needs it most.

Wrongful isolation by court-appointed guardians is the number one complaint of our members and it’s why we work so hard to combat it.

Watch the video

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.

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Peter Falk's Law Designed t oProtect Alzheimer's and Dementia Patients

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NASGA:  Legislation

"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

NY lawmakers OK "Peter Falk's Law" for death notification

Legislation in New York named after the late actor Peter Falk aims to ensure that the relatives of people in guardianship are notified when their loved one dies.

ALBANY, N.Y. - Legislation in New York named after the late actor Peter Falk aims to ensure that the relatives of people in guardianship are notified when their loved one dies.

The Post-Standard of Syracuse reports (http://bit.ly/25Yvrze ) that the bill would change state guardianship law to require the identification of those loved ones who need to be notified about a person's death or burial. The identification would occur when the guardian is appointed.

Falk, the star of the television detective show Columbo, died in 2011. His children did not learn about his funeral arrangements, however, because they were not notified by Falk's second wife, who had been appointed his guardian.

The bill passed the Senate Tuesday after passing the Assembly earlier this month. It now heads to Democratic Gov. Andrew Cuomo.

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NY lawmakers OK "Peter Falk's Law" for death notification