An estimated  1.3 million people  in the United States are under guardianship in this country, with another person appointed to look after their finances and physical and emotional well-being. About 85% of those under guardianship are over the age of 65. While most guardians are conscientious, some take advantage of their vulnerable wards.

Now, a new law in Florida aims to tighten rules regarding guardianship and increase protections for wards. The bills, sponsored by Rep. Colleen Burton of Polk County and State Senate Majority Leader Kathleen Passidomo of Lee County require that:

See  §§ 744.312 , 334, 363, 367, 441, 446. Fla. Stat. (2020). The legislature aimed the  new rules  to increase accountability, reduce conflicts of interest for guardians, and prevent professional guardians from taking advantage of seniors and disabled individuals.

The legislature moved to enact the new measures in part due to recent investigative reports from  Spectrum News. The year-long investigation began with the death of Steven Stryker, a 74-year-old Brevard, Florida man who died at a Tampa hospital while in the care of a professional guardian,  Rebecca Fierle. Fierle, who served as guardian for more than 450 seniors in 13 counties, signed a “do not resuscitate” order for Stryker against his wishes and family wishes. Fierle is also under investigation for mishandling her wards’ assets and accepting payments from AdventHealth for more than $4 million without disclosing them to the court.

But investigations involving guardians are  nothing new in the state  of Florida. In 2019, a group of adult children sued Florida’s governor and attorney general, alleging that court-appointed guardians are stealing their parents’ retirement funds, jewelry, real estate, social security payments, and other assets. Florida’s new guardian restrictions should help protect vulnerable, incapacitated residents.

If you have questions about the guardianship process and how it works,  contact us. We can help you or a loved one through a stressful guardianship process.