by Seth Ellis
The Florida Guardianship Improvement Task Force has released its recommendations to improve the state’s guardianship system. Staffed and sponsored by the Florida Court Clerks & Comptrollers Association, the task force assessed the vulnerabilities and how the state can better protect the best interests of wards.
The task force was assembled in the summer of 2021 amidst the media attention to the #freebritany movement and other abuses of the system. One of the most notable cases is that of Rebecca Fierle, a professional guardian with hundreds of wards across several Florida counties. She has been arrested and charged with abuse and neglect after the death of one of her wards, and is currently awaiting trial. Many of her wards’ family members are also accusing her of stealing from her ward’s estate and calling for an investigation of her financial records, but to date, she has not been charged with any financial crimes.
There is also concern over a bill making its way through the Florida legislature, the Guardianship Jurisdiction Act. The proposed law would make a Florida judge’s orders take precedence over guardianships in other states. While proponents argue that the law would prevent costly legal battles over jurisdictions, others argue that it makes it easier for wards to fall prey to predatory guardians such as Rebecca Fierle and can trap visitors against their will who fall ill while visiting the state.
While there are certainly legitimate cases where an incapacitated individual needs a guardian to represent their interests, there is much work to be done to prevent wards from being exploited and abused by court-appointed guardians.
The Guardianship Improvement Task Force’s Recommendations
In their report, the task force made the following recommendations to improve Florida’s guardianship system:
Creation of a Statewide Database. A data collection system for all guardianship cases in the state will provide objective data for improvements to the system, as well as increase public trust and transparency. There has already been some movement on implementing this recommendation, with a new bill proposed by Representative Linda Chaney, R-St. Petersburg.
Forming a Guardianship Task Force. A permanent and multidisciplinary task force will be responsible for continually assessing the system and suggesting improvements to prevent abuse.
Increasing the Education and Training of Guardians and Creating a Professional Guardian Database. This proposal will create more stringent requirements for becoming a professional guardian and to better track the wards assigned to each guardian to prevent abuse of wards. The database will be available to the public and will include each guardian’s disciplinary history.
Adopting Uniformity in Forms. A uniform guardianship form that is required across the state will help with data collection and tracking when wards are moved.
Education of Judges. Judges should be more fully educated on advance directives, power of attorney, and estate planning.
What To Do If You Have Questions About Guardianship
There is a multitude of laws regarding the guardianship system in
Florida, and big changes seem to be underway. If you have questions
about a current or potential guardianship situation, a guardianship attorney will have the most up-to-date information and will be able to provide recommendations.
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