There has been a lot of noise out of the Florida Legislatures this term regarding guardianship reform. Is it all for nothing? You may be surprised to hear about some actual changes up in Tallahassee. Now it is up to Rick Scott to sign a new bill into law to prevent elder abuse.
Palm Beach Guardianship
- When an elderly person can no longer take care of themselves (or some portion of their affairs) the Florida Courts may institute a guardianship over the individual.
- Palm Beach courts will often allow a family member to assume the role of guardian of the ward if the guardian appears fit.
- If a family member is not willing to assume responsibility then a court appointed guardian might be the last option.
- Unfortunately these professional guardians have been the subjects of a ton of scrutiny recently due to abuse.
- A large lobbying effort appears to have been very successful this legislative session with several bills on their way through the legislature.
Florida Was Ready for Guardianship Reform
- Last year, a coalition of Floridians traveled to Tallahassee to explain how their elderly relatives had been victims of the court-appointed guardian system of Florida.
- Well after a lot of lobbying it looks like the lawmakers got the message.
- Last Tuesday the Florida Senate passed legislation changing the way guardians are appointed and explicitly prohibiting abuse, exploitation or neglect of an elderly ward.
- What happens next? The bill is on its way to Rick Scott’s desk where it is widely expected to become law.
- Is this bill enough?
- Weren’t there always laws on the books about elderly abuse?
- To me it seems like the problem is a lack of funding to oversee the guardianship system and its many moving parts.
- Palm Beach probate litigators know that a broken guardianship system is no good for anyone.
- Do you have a relative that is part of a West Palm Beach guardianship; have you considered taking over the role of guardian?
- Even if that is not necessary its usually important to be aware to prevent elder abuse.