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Florida Senate Passes Guardianship Bill

The Florida Senate passed a bill to protect the vulnerable adults and incapacitated persons of the State of Florida. The Florida Senate voted unanimously to pass this bill. The bill will strengthen standards for the state’s guardianship program. 

The Florida Senate Bill is SB 994. The new bill would require judges to examine whether potential guardians have conflicts of interest before appointing them to the Alleged Incapacitated Person. It would also require that the guardian provide the court with the Ward’s history of DNR ( Do Not Resuscitate) Orders. This information must be disclosed to the court. 

Further, Florida Senate Bill 994 requires that in the annual accounting to the court, that the guardian must include the amount of money a guardian received from the Ward’s Guardianship or other sources in order to care for the Ward. 

Another part of the bill prohibits guardians from receiving payments for referral or solicitation services for the Ward. Florida Senate Bill 994 also precludes guardians from having business or financial relationships with Wards, court officers, or judges making the appointments. 

The bill requires petitioner to be guardian to explain to the court in specificity as to why a guardian is needed; and why less restrictive alternatives to guardianship such as POA ( Power of Attorney), Designation of Healthcare Surrogate,  and DNR (Do Not Resuscitate) are not sufficient in the circumstance of that individual case. 

Professional Guardians would no longer be able to petition for their own appointment as a guardian unless they are related to the Ward. 

The bill will next be sent to the Florida House of Representatives. The bill is expected to pass in the house. Then it would go to Governor Ron DeSantis for his signature. He is expected to sign the bill into law. The law would become effective on July 1, 2020. 

The Florida House of Representatives Bill is HR 7025. The House bill would also require professional guardians to obtain additional training regarding ethics and fiduciary duties to the Ward. The Professional Guardians would also be required to tell the State Office of Professional and Public Guardians each district to which they’ve been appointed to a Ward. It would also require the office to investigate a complaint against a guardian within 10 days after it is filed; and for clerks of court to inform the office within 10 days of removal of guardian or imposition of sanctions against a guardian. 

If you have more questions regarding a Guardianship matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https//:www.AnnMarieGildenLaw.com

This article is for informational purposes only; and it does not form an attorney client privilege.