Proposed Guardianship Bill for 2015 Florida Legislative Session
Proposed Guardianship Bill for 2015 Florida Legislative
Session.
House Bill 0005 has been introduced by Representative
Passidomo. The Bill is a product of a
workgroup that consisted of attorneys and professionals familiar with some of
the common problems with our current guardianship process. The link to the proposed Bill can be found by
clicking HERE. While it is still very early in the process
(the Bill has not been vetted through committees yet) this Bill seems to enjoy
wide support and is likely to have legs this next session.
Here is the legislative summary of the Bill:
Provides that fees & costs incurred by ward's attorney
in compensation proceedings are payable from guardianship assets; authorizes
court to appoint guardian ad litem to protect minor's interests; provides for
confidentiality in settlement of minor's claim; requires notification of
incapacitated person & attorney before hearing on appointment of emergency
temporary guardian; provides for compensation of examining committee if
petition for incapacity is dismissed; provides conditions under which
petitioner must reimburse state for expert witness fees; provides for
appointment of emergency temporary guardian; establishes burden of proof for
determining restoration of capacity of ward in pending guardianship cases;
requires reporting of incidents of abuse, neglect, & exploitation of ward
by guardian.
Stay tuned to our Blog for any updates regarding this Bill
and any others that we feel may be of interest to our colleagues.
Travis D. Finchum
Board Certified Elder Law Attorney
Co-Trustee, Guardian Trusts
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