| 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: |
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Hurray for OC School Board!
Originally published in Orlando Sentinel —
Our OC School Board is working to mitigate the attack on education by DeSantis’ new laws. These laws are racist, homophobic, sexist. The laws are so vague that applying them to our schools is difficult. Last night, I heard this School Board’s commitment to do the best they could NOT to let the laws hurt our children.
We face laws that deny the existence of LGBTQIA+ students and demonize Trans children. There is no clarity on what the laws allow, e.g., parent requested name and pronoun use. Nearly all the Board members will move to define what a school and teacher can use, since guidance from the state is absent. The Board apologized for a member of the public’s comment that to be Trans was a mental defect when we know 1% of babies are born intersex.
A small group is intent on extensive book banning. Books teach leadership, empathy, different viewpoints, critical thinking, and more. Removing books with LGBTQIA+, sexual, true African American history, and racism content hurts our children and their prospects. They need to read a variety of viewpoints and be able to hear their own voice in what they read. The Board made clear they were overseeing book bans.
The Board can’t recommend guidelines that have teachers break laws. The Board will provide guidelines that support students while ensuring that teachers don’t lose their teaching certificates. Board members can’t risk being removed because their replacements would be DeSantis appointees, making the situation worse for our schools.
Debbie Deland
President, Florida National Organization for Women
PINELLAS COUNTY COMMISSIONER RENÉ FLOWERS SETS THE RECORD STRAIGHT: FIRST, SECOND, AND THIRD BLACK WOMEN U.S. SENATORS TAKE THEIR RIGHTFUL PLACE IN HISTORY
For Immediate Release: October 22, 2023
President Debbie Deland, Florida NOW president@flnow.org
Just before the world was stunned by the onset of the barbaric atrocities of the Israeli-Hamas war and the ongoing horror in Ukraine, our domestic airwaves were choked by seemingly endless news cycles covering the former President and his 91 felony counts. Yet, on September 28 we lost a strong voice for women – the passing of Senator Diane Feinstein.
To complete Senator Feinstein’s term, from a field of accomplished candidates CA Governor Gavin Newsom selected Laphonza Butler, a rising star to broaden the base of feminists who seek equality, equity, and justice for all women, for all people.
Commissioner René Flowers reported, “On Tuesday, October 3, 2023, Vice President Kamala Harris (the second Black woman to serve in the United States Senate) swore in the third Black female senator, Senator Laphonza Butler. Senator Butler will join the ranks of former Senator Carol Mosely Braun, who was the first Black woman to serve in the United States Senate from 1993-1999.
“Prior to her appointment, Senator Butler was already a strong voice on the political scene on issues that affect women, particularly women of color. She is well known inside California’s Democratic Party apparatus and has worked closely with Governor Newsom’s administration. She also served as a senior adviser to Harris’ 2020 presidential campaign and as the head of Emily’s List, an organization focused on fighting for issues that directly impact women of all ages, races, religions, and sexualities. This leads me to announce another milestone; Senator Butler will be the first openly gay woman to serve in the Senate.
“Much like her predecessors, Senator Butler hails from a working-class family. Her mother held several jobs just to make ends meet after the passing of Mr. Butler when Senator Butler was only 16. Why is this important? It is important because once again, her story totally dispels the myth that African Americans (Black people) do not take advantage of the opportunities provided. Her story dispels the myth yet again that Black women are lazy, having babies out of wedlock, and are welfare seekers. On the contrary, Senator Butler has demonstrated that Black women utilize obstacles as a stepping stone to greatness!
“As the first Black woman to serve on the Pinellas County Commission and the first Black woman in line to become the President of the Florida Association of Counties, heavy is the head that wears the crown indeed. However, those who wear the crown of “firsts” strive for the day when it’s not about being first, but it’s about being an American!”
FLORIDA NOW REACTS:
Debbie Deland, President of the Florida National Organization for Women, comments, “We are proud to have Pinellas County Commissioner René Flowers representing Florida NOW’s commitment to racial justice. We highly value her perspective in our pursuit of equal rights for all women. Given the current and dangerous attacks on actual and factual U.S. history coupled with the sins of omission taking place in Florida, Commissioner Flowers is boldly and correctly setting the record straight by honoring three Black women who have and are today contributing to better our political structure and to save our democracy.’
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Florida NOW: is an intersectional grassroots organization that promotes feminist ideals, leads societal change, eliminates discrimination, and protects the equal rights of all women and girls in all aspects of social, political, and economic life. It is the largest civil rights organization in the country demanding women’s rights.
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