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The New Guardianship Law Effective July 1, 2020

The new Guardianship Law is effective July 1, 2020: Governor DeSantis signed a bill reforming the guardianship system. The bills, that were sponsored by State Representative Colleen Burton of Polk County and State Senate Majority Leader Kathleen Passidomo of Lee County. 

There was an article in the Orlando Sentinel on June 19, 2020, about the new law effective July 1, 2020. There are also articles on the internet regarding this. The main point of the bill is that it is now required that the guardian seek approval from a judge to sign a DNR Order which is a Do Not Resuscitate Order. The law also puts restrictions on professional guardians. The law reforms the state guardianship program. It provides oversight of the program. It expands guardian reporting requirements. 

The bill requires guardians of elderly incapacitated patients unable to look after themselves to get approval from a judge to sign a DNR order;  and it places greater restrictions on how guardians are substituted, in order to prevent conflicts of interests. Professions guardians will not be able to petition the Court for their own appointment to the ward unless he/she is related to the patient.  

The law will protect Florida’s seniors and most vulnerable citizens from fraudsters and predators. It protects the most vulnerable elderly adults from those who would harm them. 

This new law prevents further lax enforcement of guidelines for appointing guardians that allowed them to petition for their own appointments, as well as cases of potential conflict of interest on panels judging whether a person needs a guardian. The new law is designed to address those loopholes. The bill that Governor DeSantis signed into law was House Bill 779 which is HB 779  and Senate Bill 94 which is SB 994.  HB709/SB994. https://www.flsenate.gov/Session/Bill/2020/994/BillText/er/HTML.  HB/SB 994 was signed by Governor DeSantis on Thursday, June 18, 2020. 

If you have more questions regarding a Guardianship Law 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.