DeSantis, Florida lawmakers consider changes in troubled guardianship program

Gov. Ron DeSantis administration officials on Monday plan to meet with guardianship associations, court officials and the Department of Elder Affairs to discuss a crisis facing Florida’s guardianship program. (Joe Cavaretta / South Florida Sun Sentinel) (Joe Cavaretta / South Florida Sun Sentinel)

By Gray Rohrer

TALLAHASSEE — Changes could be coming to Florida’s system for overseeing the guardians of elderly who are no longer able to care for themselves, including beefing up monitoring and increasing penalties for those with valid complaints against them.

Legislative leaders and officials of Gov. Ron DeSantis’ administration on Monday met with judges, guardianship trade groups, state attorneys and representatives of the Elderly Law section of the Florida Bar to discuss ways to protect seniors from exploitative or neglectful guardians.

“More must be done to enhance the structure of accountability for guardians to monitor compliance with established standards of practice and ensure that guardians are acting in the best interests of their wards," Department of Elder Affairs Secretary Richard Prudom said. "The matter is complex, and the solution extends beyond the Department of Elder Affairs; families, local communities, and public officials must also work together to prevent all forms of exploitation to provide safety and security for all.”

The revelations this summer about guardian Rebecca Fierle, who investigators say was responsible for more than 400 wards and regularly signed Do Not Resuscitate orders for clients against their wishes, have renewed interest among lawmakers of increasing oversight of the state’s 550 registered guardians.

Sen. Kathleen Passidomo, R-Naples, and Rep. Colleen Burton, R-Lakeland, took part in the meeting Monday and said some of the ideas being discussed include capping the number of cases each guardian can take on and requiring a judge to approve a DNR order. They also include increased standards for guardians and more thorough monitoring.

More stringent penalties for guardians who violate the law could be in the works as well, but judges would likely still have to approve the removal of any guardian from the state registry, which could be appealed.

The lawmakers suggested that more money for the courts to address the caseload isn’t necessary, nor is there a need to increase the requirements to become a guardian. All that is required currently is a 40-hour course and passing an exam.

Passidomo said the problem isn’t a lack of competence, but the risk for abuse, so standards and monitoring of guardians need to be increased.

But for the moment, those ideas are merely being discussed. Lawmakers have yet to come out with a concrete plan.

DeSantis’ administration will publish a budget request for the Department of Elder Affairs, which houses the Office of Public and Professional Guardians, on Tuesday which could include more funds for investigators to review complaints.

The OPPG has four employees, and Prudom has taken the reins of the department since July, when he asked Carol Berkowitz, the agency’s executive director, to resign as a result of the Fierle case.

Fierle was responsible for more than 400 wards, including some in other states, and a report from the Orange County Comptroller’s Office released last week claims she double-billed AdventHealth for nearly $4 million over a 10-year period.

Prudom said he’s looking to fill the OPPG director position soon, likely before the end of the year, and despite the small number of employees in the office, it will be able to investigate every complaint.

The issues with the guardianship system aren’t new and have plagued the office nearly since its inception.

Rep. James Grant recalled that his father, John, a former representative and senator, helped create the legacy agency known as the Statewide Public Guardianship Office. John Grant was appointed by then-Gov. Jeb Bush as its first director in the early 2000s when Grant was in high school.

“I had a little bit of a front-row seat to the office of the Statewide Public Guardianship,” said Grant, R-Tampa. “Quite frankly, the reason my dad left the office of the (office) and walked away from a pretty good gig ... is that there was no funding.”

Lawmakers increased the OPPG budget by $2.5 million this year, but much of it went to clear a waitlist of 453 wards and increasing the amount paid to guardians by $428.71 per ward.

Grant said more funding could be looked at but the state should also consider improving data collection on guardians to improve monitoring of cases.

“We should at a minimum be able to identify where a guardian is operating,” Grant said.

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DeSantis, Florida lawmakers consider changes in troubled guardianship program