New Florida Guardianship Law Takes Effect July 1, 2015

By Jason Palmisano

Florida will have a new Guardianship Law effective July 1, 2015.  A copy of the new law can be found here.  A couple of the more interesting portions include:

  1.  If a person initiates a judicial proceeding to determine an individual’s incapacity the Power of Attorney for the alleged incapacitated person is suspended unless the agent named in the power of attorney is a family member.  A family member who is an agent is not suspended unless an additional petition is filed to suspend the family member as an agent.
  2.  The new law creates a new class of guardians:  For-Profit Corporate Guardians.
  3.  A new section was added to address abuse, neglect, or exploitation by a guardian against the ward.
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