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Senate Co-Sponsorship Memoranda
Senate of Pennsylvania
Session of 2019 - 2020
Regular Session
MEMORANDUM
| Posted: | December 4, 2018 04:46 PM |
|---|---|
| From: | Senator Judy Ward |
| To: | All Senate members |
| Subject: | Peter Falk's Law - family visitation of incapacitated persons |
| I am reintroducing Senate Bill 113 of last session, legislation that would allow family members to have access and visitation rights with regard to a family member who is incapacitated and under court appointed guardianship. Former State Senator John Eichelberger became aware of the issue when he was contacted by Catherine Falk, the daughter of Peter Falk, whose situation is an example of why this legislation is necessary. The actor, beloved as detective Columbo on television, suffered from Alzheimer’s disease which got to the point where a court found it necessary to appoint a guardian over his affairs. The guardian appointed was Mr. Falk’s then current wife, Catherine’s stepmother. When Peter Falk was in his final years battling the disease, Catherine was banned from seeing him by her estranged stepmother. She had to take her fight to probate court. The process cost her $100,000, and was necessitated by the fact that the law did not specifically address this type of issue. With a growing aging population, and increasing age related illnesses such as Alzheimer’s, I believe situations faced by adult children like Catherine Falk are likely to become more common. I don’t believe the average person can, or should have to, go through an expensive court battle just to see their loved ones. The legislation will provide that a guardian cannot restrict visitation between family members and the incapacitated person without first obtaining a court order. Guardianship is an important legal tool to protect the interests of an incapacitated person, but we should be aware that it can be an isolating experience when there are conflicts between that guardian and family members. My legislation would recognize the rights of immediate family members to see their loved ones, while still also recognizing that there may be instances where a guardian may have to protect their ward from a family member. During the 2017-18 legislative session, Senate Bill 113 was approved by the Senate. Please join me in sponsoring this important piece of legislation. |