Guardian bill passes first hurdle in Florida

Click to Watch Video

ORLANDO, Fla. – The House Children, Families and Seniors subcommittee on Thursday unanimously passed a guardianship bill that was recently introduced to the Florida legislature. The bill will now be presented to the Justice subcommittee for consideration.

Stakeholders in Florida’s guardianship program are trying to push legislation to increase oversight on state guardians, especially when it comes to how they handle their clients’ medical directives and money.

HB 709 was created after former Orlando based guardian Rebecca Fierle made headlines for placing do not resuscitate orders on patients who did not want to die. She’s also accused of double-billing both her patients and a local hospital to the tune of almost 4 million dollars without the courts even knowing.

“It helps those who cannot help themselves,” state Rep. Colleen Burton said, who helped draft and filed the bill.

Burton told the committee how the bill would prevent guardians from having absolute power over a patient’s medical and financial affairs and would prevent them from being able to receive any sort of kickbacks.

“We want to make sure we know everything that's coming in,” Burton said.

Burton told the committee the guardianship bill would provide at least one more layer of oversight in cases involving patients with DNR orders. HB 709 would also require more research be done to see if there are any alternatives to putting a guardianship in place.

“We had big meetings with lots of folks over the course of the early fall to talk about what can we do,” Burton said. “How can we craft, how can we narrowly craft a bill around guardianship that makes sure when somebody is in a position to not speak for themselves, that a decision is not made about their lives that may not be the decision they want made.”

Full Article & Source:
Guardian bill passes first hurdle in Florida

Kathleen Passidomo, Colleen Burton want to stop guardians from pulling plug on seniors

By Jacob Ogles

Protections for seniors under with guardians anxious to pull the plug could soon be on the way.

State Sen. Kathleen Passidomo and state Rep. Colleen Burton filed legislation boosting individual protections for individuals under guardianship. Among the proposed changes, guardians will be prohibited from signing “do not resuscitate” orders on behalf of wards without court permission.

“Most of the court appointed guardians in this state are caring, dedicated individuals,” Passidomo said.

“Unfortunately, we have seen too many bad actors in a guardian position preying on Floridians who need help the most, and the decisions they’ve made have had severe consequences on Florida families.”

The Naples Republican serves as Republican Leader in the Florida Senate and recently secured votes to become Senate President after the 2022 elections. Passidomo recently told Florida Politics that protecting seniors would be a top priority for her this session and beyond.

While Passidomo carries the Senate bill (SB 994), Burton, a Lakeland Republican, will champion companion legislation (HB 709).

“It is heartbreaking to see savings robbed, families torn apart and lives ended because of the selfishness of individuals in a guardian position,” Burton said. “That ends with this legislation.”

The lawmakers worked closely with Department of Elder Affairs Secretary Richard Prudom on the bill. The legislation would also put new conflict of interest rules in place, stop individuals from participating for guardianship rights for individuals who are not relatives, and would boost reporting requirements for guardians.

He said the regulations shouldn’t bother honest guardians but would stop others from exploiting system loopholes—sometimes at risk of individuals health and safety.

“Professional guardians are entrusted with an immense responsibility when they are appointed to care for someone else,” Prudom said.

“While there are many dedicated individuals who do so with honor and integrity, there are some who have used their position to prey on the vulnerable, and they must be stopped. This legislation includes important changes for Florida’s guardianship program to help restore public trust, improve transparency and prevent the exploitation of those under the care of a guardian.”

Passidomo said Florida’s seniors remain a population at risk of profiteers who don’t have their best interests at heart.

“As elected officials, the most important responsibility we have is to keep Floridians safe, particularly those who are most vulnerable,” she said. “This legislation reforms the law to protect Floridians from guardians seeking to take advantage of others.”

Full Article & Source:
Kathleen Passidomo, Colleen Burton want to stop guardians from pulling plug on seniors