Florida’s Guardianship System Set to be Overhauled by Legislature, but What About Today? 5 Tips for Guardianship in Florida NOW.
I have talked about guardianship in Florida before and how it is a great way to protect the marginalized especially unprotected youths and the mentally incompetent. In an aging demographic like Florida it is important to have a great guardianship program or a lot of money could fall through the cracks. Unfortunately Florida’s guardianship program is underfunded. Last May, New Timespublished an investigation into abuse in Florida’s guardianship programs. The report showed that in cases across the state, court-appointed guardians were taking advantage of the elderly and incapacitated people they were supposed to protect. I am pleased to report that nearly a year after this expose Florida may be getting overhaul it needs and deserves.
- A half-dozen bills have already been filed in Tallahassee, and several of them have a good shot at passing.
- “No longer can anyone claim that we are making this up and it’s not a statewide chronic problem,” says Dr. Sam Sugar of the group Americans Against Abusive Probate Guardianship (AAAPG). “We have accomplished that.”
- It is important to note that abuse is more prevalent in situations where a court-appointed guardian serves in lieu of family members.
- For some incapacitated wards, losing their rights is just the beginning. In cases of abuse, they are isolated from families, overmedicated, and physically neglected while guardians bleed their accounts dry.
As a Palm Beach Probate litigator I cannot merely sit idly by and wait for the system to change. We have a duty to create the best guardianship possible under the law as it stands. Here are my five tips for reducing the chance of guardianship abuse.
- If you want something done right do it yourself. Have you considered serving as guardian yourself? That is one way to prevent abuse to actually do it yourself, and there are a ton of guides to help you along the way.
- If you can’t do it yourself stay involved. Absent families are great for guardians who are concerned with abusing and liquidating the assets of a ward. Make the time to visit your relatives, talk to them and see how they are doing and do it outside of the view of their guardians and caretakers.
- Use guardians you can trust. There are professional agencies out there that screen and use back ground checks, this is not a craigslist ad it’s a guardian.
- Plan, plan, plan. One thing that always strikes me as odd is everyone knows they are getting older. Plan now, appoint a health care surrogate which is a form of avoluntary guardian. Don’t make the court decide, decide today.
- If you have questions, ask. Do not worry that it’s a dumb question, if you are worried about a loved one, its not dumb. Consult experienced guardianship attorneys in your area to know the answers you need.
Want to learn more? Check out our FAQ video library at: http://www.pankauskilawfirm.com