Concerns with the program first came to light
after a hearing led to the removal of nearly 100 seniors in former
professional guardian Rebecca Fierle’s care. Florida Gov. Ron DeSantis
and Secretary of Elder Affairs Richard Prudom say they are willing to
make legislative changes to better the state guardianship program.
Prudom says while the Office of Public and
Professional Guardians is responsible for taking complaints against
professional guardians, the office is not directly responsible for
oversight and keeping track of the number of seniors each professional
guardian is assigned.
“I think it’s a serious important issue, that
it deserves more of a quick fix. It is something that I will be working
with the governor and his policy staff, and we will be working with the
legislature, and I think the judicial branch as well,” Prudom said.
In a recent interview, Spectrum News 13 spoke with DeSantis, who vowed for change within the guardianship program.
“As we look at this guardianship program if
there needs to be legislative changes, those could be something we
propose for the next legislative session,” DeSantis said.
How the Guardian Program is Structured in Florida
Currently, the Department of Elder Affairs
operates the public and professional guardian program out of Office of
Public and Professional Guardians. Judges appoint guardians when the
court declares an individual incapacitated and in need of guardianship.
If no family or friend is able or willing to
serve, or if the court determines that the family member is
inappropriate to serve as guardian, the vourt appoints an outside
guardian.
If the ward has assets from which to pay the
guardian, a professional guardian is appointed. If the ward does not
have assets, a Public Guardian is appointed, and services are paid by
the state through contracts the Dept. of Elder Affairs has with 17
Offices of Public Guardian across Florida.
If a legally sufficient complaint is reported
to the Office of Public and Professional Guardians against a
professional guardian, it is referred for investigation to the Clerk of
Courts’ Statewide Investigative Alliance, as part of the agreement with
the Dept. of Elder Affairs.
Complaints and Reform
According to the Dept. of Elder Affairs, since 2016, 764 allegations against professional guardians have been investigated. Approximately 11 percent of those had substantiated findings, or were noted as concerns.
Secretary Prudom says he recently cleared an
80+ case backlog of complaints that had not been closed. He plans to
make changes to improve this process.
“What we are going to do actually is, to be
more responsive," Prudom said, "Is when an investigation is completed,
we are going to release that investigation to the complainant, rather
than wait for the administrative process to take place. I think that is
going to be more responsive to the needs of the complainant.”
The Dept. of Elder Affairs can only reprimand
professional guardians by stripping them of their license — further
action can only be taken by the courts or law enforcement.
Secretary Prudom wants to see more oversight
for professional guardians, and is working with the governor and other
state leaders to make changes.
“That’s what I’ll be doing, working on how to
provide monitoring to the over 550 guardians that we have the state,
that operate in all 67 counties and have thousands of wards under their
supervision. That is what I will be working on to ensure what has happen
to date doesn’t happen again.”
Full Article & Source:
Florida Leaders Want Changes in Senior Guardian Program
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