CS/CS/CS/HB 5 - Guardianship Proceedings

• Requires a verified motion under s. 744.3203 to suspend a power of attorney granted to parents, spouses, children, or grandchildren during incapacity proceedings, with grounds including agent misconduct, invalid power of attorney, and danger to property.

• Authorizes courts to appoint the office of criminal conflict and civil regional counsel as court monitor in guardianship proceedings when the ward is indigent.

• Allows for-profit corporations to serve as guardians if wholly owned by the public guardian in that circuit, properly registered, and maintaining a $250,000 fiduciary bond or equivalent liability insurance policy.

• Eliminates the requirement for expert testimony in compensation proceedings for guardians and attorneys, with expert witness fees payable from guardianship assets by the prevailing party.

• Creates new protections requiring 24-hour notice to incapacitated persons before emergency temporary guardian hearings, prohibiting payment of emergency guardian final fees until final reports are filed, and requiring courts to prioritize and advance capacity restoration cases on the calendar.