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New Law Effective July 1, 2024: Florida House Bill 73

There was an informative article in the Florida Bar Journal, June 18, 2024, by Jim Ash, Senior Editor regarding HOUSE BILL 73 (HB73), which became law on July 1, 2024. 

In the article, The Elder Law Section Chair Victoria Heuler said the measure is designed to assist people who can live and work independently, but who may need someone to help them navigate some of life’s challenges. 

The article goes on to say that people with developmental disabilities will have a legally recognized way to take greater control of their lives now that Governor Ron DeSantis has signed HOUSE BILL 73 (HB73). You get a full read of the bill here if you want to know more than just the highlights. 

The new bill states that, when weighing the appointment of a guardian, a court is required to consider the person’s ability to independently exercise his or her rights with appropriate assistance. 

The article further states that HOUSE BILL 73 (HB73) establishes supported decision-making agreement as a new type of power of attorney.  

The bill defines situations in which the power of attorney grants an agent the authority to receive information and to communicates on behalf of the principal without granting the agent the authority to bind or act on behalf of the principle in any subject matter. 

However, the article further states that the legislation is clear that a supported decision-making agreement is not a durable power of attorney. 

The article quotes Elder Law Section Chair Victoria Heuler, saying that the measure is designed to assist people who can work and live independently, but who may need someone to help them navigate some of life’s challenges. She is quoted as saying that supportive decision-making agreements are a type of assistive or communicative tool. She further stated that it is a legally recognized way, an elevated, legally recognized way, to get someone to go to meetings, communicate wishes, be that assistant. She said now it is codified into law. 

Further, HOUSE BILL 73 (HB73), adds supported decision-making agreements to the list of authorized documents that may be used for parental involvement in education decision making. 

If you have more questions regarding a Guardianship matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 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 does not form an attorney client privilege.