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FL S0318
Bill
Status
1/12/2015
Primary Sponsor
Appropriations
Click for details
AI Summary
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Expands who may serve as an agent under a power of attorney to include not-for-profit corporations organized for charitable or religious purposes that were qualified as court-appointed guardians before January 1, 1996, subject to bonding requirements of at least $250,000 or liability insurance coverage
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Requires 24-hour notice to alleged incapacitated persons and their attorneys before emergency temporary guardian hearings, and prohibits emergency temporary guardians who are professional guardians from being appointed as permanent guardians unless requested by the ward's next of kin
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Establishes new guardian duties including acting in good faith, considering the ward's expressed desires, allowing contact with family and friends, and assisting wards in regaining capacity when medically possible; creates prohibition against guardian abuse, neglect, or exploitation of wards
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Authorizes for-profit corporations wholly owned by a circuit's public guardian to serve as guardians if they maintain a $250,000 blanket fiduciary bond or liability insurance policy
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Requires courts to give preference to ward's relatives when appointing guardians, mandates specific findings of fact when appointing professional guardians, and establishes preponderance of evidence standard for restoration of capacity proceedings
Legislative Description
Guardianship Proceedings
Last Action
Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 5 (Ch. 2015-83), CS/HB 7 (Ch. 2015-84)
4/27/2015