Probate & Trust
Guardianship, Power of Attorney & Advance Directives
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 on May 30th in Clearwater Beach.
The Committee is actively working on the following projects:
Assisting with implementation of the initiatives raised in the Judicial Management Council Guardianship Workgroup Final ReportAddressing 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 establishedCommunications between Judges and the Court Clerk in guardianship accounting actionsProcedures for objecting to a suggestion of capacity – Fla. Stat. § 744.464Matters relating to the newly formed Office of Public and Professional GuardianVenue for guardianships of minorsApproval of fees paid to guardians and counsel for guardiansCourt Elisor services in guardianship actionsThe use of alternative dispute resolution procedures in guardianship proceedingThe Committee’s current officers are:
Professional Fiduciary Services, LLC
Johnson, Pope, Bokor, Ruppel & Burns, LLP
Stacy Beth Rubel
The Virgil Law Firm