'Do Not Resuscitate' orders may get more oversight

A guardianship bill introduced in the Florida legislature in November is looking to give more oversight for "Do Not Resuscitate" orders given by guardians of incapacitated persons.

by Lizandra Portal

TALLAHASSEE, Fla. (CBS12) — A guardianship bill introduced in the Florida legislature in November is looking to give more oversight for "Do Not Resuscitate" orders given by guardians of incapacitated persons.

The bill, introduced by Senator Kathleen Passidomo (R) and co-introduced by Senators Linda Stewart and Perry Thurston, would expand factors for a court to consider when appointing a guardian and would prohibit professional guardians from petitioning for their own appointment except under certain circumstances.

According to WKMG in Orlando, the bill was drafted on the heels of a criminal investigation into how former Orlando-based guardian Rebecca Fierle handled her clients' medical and financial affairs and if she broke any laws by ordering "Do Not Resuscitate" orders on clients.

"For those individuals who did not actually sign their own advance care directive, there was a gap in the statute. It only requires two physicians to confirm that would be appropriate - and the guardian could then go ahead and issue the order - and did not need to get court approval," Senator Passidomo told WKMG in a phone interview.

The bill would also amend what the court looks into in order for a guardian to be appointed, including the person's eligibility and any potential conflicts of interest, among other qualifications.

As of last Thursday, the bill is pending reference review in committee, but so far, has passed not had a single person vote against it in any committee.

Read the full bill here:

Guardianship Bill by Lizandra Portal on Scribd

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'Do Not Resuscitate' orders may get more oversight

Florida Advocate Doug Franks is tonight's guest on "In the Mix With Coz and Marti" on Marti Oakley's TS Radio Network at 7:00 CST:

"Doug Franks joins us this evening to discuss the new laws along with the formation of the Office of Public & Private Guardians (OPPG) in Florida. The OPPG was started in 2016, but by 2019 almost everyone had exited the office. Noting that the OPPG will have zero effect on stopping others from being targeted and abused in the probate system, Doug has been an outspoken advocate for change. Doug became involved when his own mother was taken hostage by these predators who operate freely and openly in Florida. FREE ERNESTINE became the hallmark of Doug's public campaign to free his mother from this probate imposed, captivity.

SB994 and HB709

Both bills were supposed to be a major step in reforming what is nothing more than a government approved system of human trafficking for profit. Across the country, families and organizations have been fighting for years to halt the kidnapping, isolation, psychological abuse and theft of assets that occurs via probate tribunals. These bills might have provided a good starting point, but after being passed the state BAR Associations came in through the back door and had any language that might have held them accountable or subjected them to any repercussions, removed. The bills are now just more fluff and buff to make you think they are actually going to protect seniors from this type of exploitation." ...

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