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FL H0297
Bill
Status
Introduced
1/19/2023
Primary Sponsor
Mike Caruso
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AI Summary
- Establishes a rebuttable presumption in favor of allowing family visitation with wards and minors under guardianship, requiring clear and convincing evidence to deny visitation or other contact, with any limitations specified in the court order
- Requires a jury to be impaneled to determine whether a power of attorney should be suspended during incapacity proceedings, and to evaluate challenges to the validity of a ward's trust, trust amendment, power of attorney, or will
- Mandates a full reevaluation of the need for guardianship every 3 years, including an examination by an examining committee and an adjudicatory hearing conducted by a different judge than the one who presided over the initial hearing
- Requires public guardians to be appointed on a rotating basis by the executive director, and requires the verified inventory and annual accounting of a ward's property to be made available to the ward's family, next of kin, and beneficiaries of a valid will
- Adds a statutory definition of "family" (parent, sibling, child, spouse, or any other relative by blood, marriage, or adoption) and requires guardian appointment petitions to disclose whether the alleged incapacitated person has a valid trust, trust amendment, durable power of attorney, or will
Legislative Description
Guardianship
Last Action
Withdrawn prior to introduction
2/8/2023
Committee Referrals
Civil Justice Subcommittee2/1/2023
Full Bill Text
No bill text available