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FL S0366

Bill

Status

Failed

5/1/2015

Primary Sponsor

Kelli Stargel

Click for details

Origin

Senate

2015 Regular Session

AI Summary

  • Allows attorney fees and costs for attorneys serving wards in compensation proceedings to be paid from guardianship assets, and permits courts to determine reasonable compensation without requiring expert testimony.

  • Modifies requirements for guardian ad litem appointment in minor settlement cases by making appointment discretionary (not mandatory) for settlements between $15,000-$50,000 if court deems it necessary, and requires settlements be subject to confidentiality provisions.

  • Requires notice to alleged incapacitated persons and their attorneys before hearings on emergency temporary guardian petitions, and prohibits courts from giving preference to emergency temporary guardians when appointing permanent guardians.

  • Adds fiduciary duties for guardians including acting in good faith, considering ward's expressed desires, maintaining family contact, and assisting in capacity restoration; creates new statute prohibiting guardian abuse, neglect, or exploitation with mandatory reporting requirements.

  • Changes burden of proof for capacity restoration from clear and convincing evidence to preponderance of the evidence, and modifies timeline for filing annual guardianship plans to 60-90 days before anniversary month instead of within 90 days after.

Legislative Description

Guardianship Proceedings

Last Action

Died in Judiciary, companion bill(s) passed, see CS/CS/CS/HB 5 (Ch. 2015-83), CS/HB 7 (Ch. 2015-84)

5/1/2015

Committee Referrals

Judiciary1/23/2015

Full Bill Text

No bill text available