What are the changes to Florida’s guardianship laws?
The most important aspect of the new legislative changes to the Florida guardianship law is the modification of the method of appointing an emergency temporary guardian. Under the new law which takes effect July 1st, 2015, a person who is allegedly at imminent risk of physical harm or of having their assets wasted and misappropriated and therefore in need of emergency guardianship protection must be notified along with their attorney at least 24 hours before the emergency court hearing. Previously, advanced notification was not required which left many unprepared for proceedings. This advanced notification is especially important as it has historically been difficult to contest the need for a guardian after one is appointed on an emergency basis as the ability to make a decision to change attorneys or access financial assets is often hindered. Emergency temporary guardianship often led to a permanent guardian being appointed. Now, an emergency guardian will no longer be given preference in hearings appointing permanent guardians and emergency guardians cannot be appointed to permanent positions without a request from the ward or their family.
Another change to the law is that if the ward’s condition improves and they could have some of their rights restored, the guardian is required by law to notify the court. Lastly, a guardianship cannot suspend the power of attorney.
Babette Bach worked for the past year on this new law and is a legal activist for the elderly. If you have questions about the new guardianship law or would like set learn about setting up a Designation of Pre-need Guardian, contact our Florida Board Certified Elder Law Attorney Babette Bach, Esq. at (941) 906-1231.
