https://www.floridabar.org/public/consumer/pamphlet030/
A guardianship is a legal proceeding in the circuit courts of Florida in which a guardian is appointed to exercise the legal rights of an incapacitated person. The process is governed by Chapter 744, Florida Statutes .
The court can order plenary guardianship, the most common form of guardianship, which involves a complete adjudication of a person’s incapacity, incompetency, or disability. If the alleged incapacitated party is found to be completely without capacity or understanding to make or communicate a personal decision or to manage financial affairs ...
SB 1032 by Sen. Danny Burgess, R-Zephyrhills, would create the “Florida Guardianship Jurisdiction Act,” which is based on the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act developed by the Uniform Law Commission.
The Guardianship Improvement Task Force made some valuable recommendations to the Legislature and provided an important outlet for people with grievances and concerns about Florida’s guardianship system, according to those who sat on the panel.
Members of The Florida Bar Real Property, Probate and Trust Law Section’s (RPPTL) Guardianship, Power of Attorney and Advance Directives Committee are keenly aware that there have been major changes to Florida’s guardianship laws in the last several years.
https://www.floridabar.org/the-florida-bar-news/bill-creates-a-statewide-guardianship-database/
The measure would require the Florida Clerks of Court Operations Corporation and the clerks of court to create a statewide database of guardian and guardianship case information by July 1, 2023.
In addition to all of the unprecedented changes affecting just about every aspect of their lives in 2020, probate and guardianship attorneys were faced with many changes in the Florida Probate Rules, the Florida Probate Code, and the Florida Guardianship Law.
The Guardianship Improvement Task Force has released a final report, complete with 10 recommendations, ranked by priority. The 184-page report is posted on the task force webpage, https://guardianshipimprovementtaskforce.com/ , and is the culmination of work that began when the Florida Court Clerks & Comptrollers assembled the panel last summer.
How guardians — public, professional, and family — are monitored and investigated was the subject for the Guardianship Improvement Task Force’s September 2 meeting as it moves to begin deliberations by the end of the month.
The new rule improves access to courts by specifically delineating the kinds of orders from a probate or guardianship proceeding that are per se appealable. Any practitioner in probate and guardianship, however, should remain cautious.
