Florida Governor Signs Second Wave of Reform Laws for Public and Private Guardians
On March 10, 2016, Florida Governor Rick Scott signed into law additional rules for the state’s use of guardians. The move comes on the heels of a first wave of reforms enacted in 2015.
The two waves of legislation follow media reports and public protests in specific locations in Florida, including Palm Beach and Sarasota. The latest law establishes a new state-wide Office of Public and Professional Guardians, and includes directions that the Office establish a system for appointment and monitoring of trained professionals, to serve where necessary as limited guardians, guardian advocates or plenary guardians. Such “public” guardians are intended to be a last option, when family members are inappropriate, unable or unwilling to serve.
In addition to the legislative actions, there are reports of court-directed changes to address potential conflicts of interest that could reduce the incentive for critical review and oversight. For example, in Palm Beach, media reports put a spotlight on relationships between judges and lawyers in that county and especially on one judge’s spouse, a lawyer who often received court-appointments and who was criticized for billing and accounting practices in some cases where she was the court-appointed guardian.
For earlier reports on Florida’s guardianship history, see this Blog’s report on “Florida to Consider Establishment of Office of Public and Professional Guardians.”
For a longer perspective on the recognized need for more effective state systems for guardianship review, see the GAO report (11-678), released in 2011, that warns that “Given limited funding for monitoring, [state] courts may be reluctant to invest in [better] practices without evidence of their feasibility and effectiveness.” See also GAO 2006 report (06-1086(T)), titled “Guardianships: Little Progress in Ensuring Protection for Incapacitated Elderly People.”
Further, for findings and recommendations made to the Uniform Law Commission following a summit in 2011, see University of Missouri Law Professor David M. English’s report, “Amending the UGPPA to Implement the 3rd National Guardianship Summit.”