| TALLAHASSEE, Fla. – After several problematic guardianship cases in Florida received national attention (1) (2) (3), elected state officials Representative Rita Harris and Senator Ileana Garcia are taking aim to improve the state’s guardianship processes. This is a pressing issue for Florida, a state that currently has 2 million residents age 75 or older — more than the entire population of 14 other states.
A guardian is a person who has been appointed by a court, or otherwise has the legal authority to make decisions relevant to the personal and property interests of another person who is deemed incompetent, called a ward. Strokes, traumatic brain injuries, mental illness, intellectual and developmental disabilities, Alzheimer’s and other dementia, can make financial exploitation of these persons a lucrative and voiceless crime. House Bill 887 and Senate Bill 48 are identical bills that would provide several reforms to Florida’s current guardianship processes. If enacted, the legislation would permit a jury to decide the validity of a ward’s trust, amendment, power of attorney, or will when necessary. Advocates argue this won’t burden the courts, given that 99% of cases settle before reaching a jury trial. The legislation would also secure family visitation rights unless there is clear and convincing evidence that visitation is not in a ward’s best interest. Kat Duesterhaus, the Florida NOW Legislative Director and personal advocate for guardianship reform, supports the proposed legislation: “The proposed legislation is not just a legal remedy; it’s a lifeline for vulnerable individuals, preventing the kind of isolation, neglect, and abuse that led to my grandmother’s tragic demise last year,” said Duesterhaus. “Let our collective call for guardianship reform echo loud and clear – it’s time to protect the voiceless and ensure that no one else suffers as my grandmother did.” “The goal of this bill is to alleviate several concerns with the guardianship system that we have been hearing from parents, grandparents, and concerned family members. Countless advocates have come to me with personal stories of how this system has failed them, so I am proud to file this bill to clean up those problems. This bill codifies into law the practice of doing what is best for a child, incapacitated person, or elder if they require legal guardianship,” said Representative Harris in a recent press release. The legislation also includes a provision to increase guardian transparency, requiring the verified inventory of the ward’s property be shared with the ward’s family, next of kin, and beneficiaries of the valid will. Furthermore it would require that public guardians be appointed on a rotating basis, and establish the rights of the ward to have a full reevaluation every three years of the need for guardianship. The legislation has already drawn support from Pinellas County Clerk of the Circuit Court and Comptroller, Ken Burke, CPA. “Please count me as a supporter of your legislation and any action to improve the Guardianship system in the State of Florida. Your initiative here is very meaningful. It keeps the focus on how the many flaws in the Guardianship system are allowing victimization of wards to continue. Your legislation is an important step to provide needed safeguards,” wrote Burke in letters addressed to Representative Harris and Senator Garcia. If passed, this new practice would take effect on July 1, 2024. Florida’s next legislative session is set to begin on January 9, 2024. ### For more information contact: |
