Elder abuse in Florida: How newly proposed guardianship law can help.

Uncategorized • Jan 19, 2015

In the unfortunate instances when Florida elders become mentally incapacitated, they will often need legal guardians. The rules of Florida Guardianship Law grant guardians a lot of power to act for the persons whom they are appointed to protect (called a “ward”). And, at the same time, these rules alsoremove some of the rights of the elder to act on his or her own behalf.

As codified in Florida Guardian Law Section 744.3215: Rights that may be removed from a person by an order determining incapacity but not delegated to a guardian include the right:

To marry. If the right to enter into a contract has been removed, the right to marry is subject to court approval.
To vote.
To personally apply for government benefits.
To have a driver license.
To travel.
To seek or retain employment.

Rights that may be removed from a person by an order determining incapacity and which may be delegated to the guardian include the right:

To contract.
To sue and defend lawsuits.
To apply for government benefits.
To manage property or to make any gift or disposition of property.
To determine his or her residence.
To consent to medical and mental health treatment.
To make decisions about his or her social environment or other social aspects of his or her life.

Are you worried about your mom’s guardian in West Palm Beach? Would you like the limit the rights that can be taken away by your dad’s Boca Raton guardian? Well you are not alone. The Herald-Tribune published a series of stories in December offering case studies on Florida Guardians, and their wards who believe they were denied their substantive rights after a guardian was appointed. On Saturday, the Tribune followed up the popular storywith reports that Florida Law makers could soon be changing Florida Guardianship Legislation in an effort to make it more difficult to encroach on the rights of a ward.

So how can new guardianship law in Florida affect you? Well, the proposed legislature will deter fraud and elder abuse by codifying the guardian’s duty to honor a ward’s desires and file accurate reports to the court. Additionally, it would create greater criminal liability on guardians who violate that duty. Finally, the new legislature would make it an easier process to resolve issues or get a new guardian through the use of mediation.

Find out more on Guardianship in Florida. See http://www.pankauskilawfirm.com/ for videos and information on Guardianship Law, Court-Appointed Guardians, and Power of Attorney.