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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