New Florida Guardianship Law Takes Effect July 1, 2015

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Florida will have a new Guardianship Law effective July 1, 2015.  A copy of the new law can be found here.  A couple of the more interesting portions include:

  1.  If a person initiates a judicial proceeding to determine an individual’s incapacity the Power of Attorney for the alleged incapacitated person is suspended unless the agent named in the power of attorney is a family member.  A family member who is an agent is not suspended unless an additional petition is filed to suspend the family member as an agent.
  2.  The new law creates a new class of guardians:  For-Profit Corporate Guardians.
  3.  A new section was added to address abuse, neglect, or exploitation by a guardian against the ward.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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