The Guardianship, Power of Attorney, and Advance Directives Committee is responsible for the study of and preparation of proposed reforms of existing guardianship and mental health statutes. It is also responsible for monitoring legislative and case law developments relating to the care and protection of the person and property of individuals physically or mentally incapable of caring for themselves.
The Committee was instrumental in the passage of the 1995 Durable Power of Attorney legislation, which served to further the acceptance of Durable Powers of Attorney by banking and securities industries.
The Committee’s next meeting is scheduled to be held during the Executive Council Meetings December 5-9th at the Four Seasons in Orlando, FL.
The Committee is actively working on the following projects:
- Addressing access to tenancy by the entireties accounts for necessary expenses of a guardianship ward.
- Payment of Court Appointed Counsel's fee in good faith cases where no guardianship is established
- The regulation of professional guardians under newly enacted Part II of the Florida Guardianship Code.
- Communications between Judges and the Court Clerk in guardianship accounting actions
- Procedures for objecting to a suggestion of capacity – Fla. Stat. § 744.464
- Matters relating to the newly formed Office of Public and Professional Guardian
- Venue for guardianships of minors
- Approval of fees paid to guardians and counsel for guardians
- Court Elisor services in guardianship actions
- The use of alternative dispute resolution procedures in guardianship proceeding
The Committee’s current officers are:
Professional Fiduciary Services, LLC
Johnson, Pope, Bokor, Ruppel & Burns, LLP
Stacy Beth Rubel
The Virgil Law Firm