FL S0362

Expands qualifications for power of attorney agents to include not-for-profit corporations organized for charitable or religious purposes that have served as court-appointed guardians before January 1, 1996, and are tax-exempt under IRC section 501(c)(3).

Requires not-for-profit corporations to serve only principals residing in communities providing housing for older persons and former residents of such communities, may not charge fees but may be reimbursed for actual expenses.

Mandates principals sign a separate disclosure acknowledging the agent is a not-for-profit corporation using volunteers without state licenses and that corporation assets may be insufficient to cover liability from errors, omissions, or misconduct.

Requires not-for-profit corporations to conduct credit and criminal background checks on all directors, officers, employees, and agents before they act, with checks repeated every 2 years, and permits principals to review criminal background check results.

Establishes that persons acting on behalf of not-for-profit corporations as agents have fiduciary responsibility to principals and are subject to elder abuse provisions under section 825.103, effective July 1, 2016.