AARP Florida Hails Guardianship Protection Enhancements

TALLAHASSEE, Fla. – Florida lawmakers have sent Gov. Rick Scott a proposed new law to toughen oversight of professional guardians in the wake of two years of controversy over frail, vulnerable Floridians who have been bilked by untrustworthy professional guardians.

The Office of Public and Professional Guardians can now institute standards of practice for public and professional guardians, create a registry, receive and investigate complaints, establish procedures for disciplinary oversight, conduct hearings, specify penalties, and take administrative action for guardians who breach their duties.

This bill expands on guardianship reforms that began in the 2015 legislative session.

“It is unconscionable that vulnerable elders are ever taken advantage of financially, but we know it happens all too often in Florida,” AARP Florida State Director Jeff Johnson said. “We are pleased the Florida Legislature is taking action by giving the Department of Elder Affairs the tools it needs to enforce penalties and to prevent ill-willed guardians from taking financial advantage of elders.”

Under the new legislation, a division of the state Department of Elder Affairs would be responsible for licensing and regulating professional guardians.

According to the DOEA, there are 465 professional or public guardians throughout the state. Professional guardians have three or more wards; public guardians represent persons who are indigent or do not have family who are willing to do so.

The legislation was championed by Sen. Nancy Detert, R-Sarasota, and Rep. Larry Ahern, R-Seminole.  It passed the House and Senate with near unanimous approval.