Senate OKs guardianship bill
State measure aims to protect elderly in wake of Fierle case
TALLAHASSEE — New protections for incapacitated elderly citizens could soon become law, as the Florida Senate voted unanimously Thursday to strengthen standards for the state’s guardianship program.
A series of Orlando Sentinel articles last year detailed how loopholes in the system for appointing and overseeing guardians allowed Rebecca Fierle to double-bill hospitals for services, get named as a guardian for more than 400 wards and sign a Do Not Resuscitate order against the wishes of a client who later died, authorities say.
Fierle was charged last month with aggravated abuse and neglect of an elderly person in that case.
Lawmakers have since moved to close those loopholes with SB 994, which would require judges to look into whether potential guardians have conflicts of interest before appointing them to a ward. It would also require a ward’s history of DNR orders to be disclosed, and annual reports would have to show the amount of money a guardian has received from someone under their care.
“Fixing this broken guardianship system in our state is, in my opinion, an absolute necessity,” said Sen. Janet Cruz, D-Tampa. “We saw what happened in Orlando with Rebecca Fierle, and it is indefensible.”
Other parts of the bill will prohibit guardians from receiving payments for referring or soliciting services for a ward. They also couldn’t have business or financial relationships with wards, court officers or judges making the appointments.
Fierle was able to be appointed as a guardian to so many wards in
court districts throughout Florida in part because she was able to assert a guardian was needed without much investigation by the judge.
The bill will require petitioners to spell out why a guardian is needed, and why alternatives to guardianship, such as a durable power of attorney, won’t work. Professional guardians wouldn’t be able to petition for their own appointment as a guardian unless they’re related to the ward.
The bill now heads to the House, which is expected to pass it and send it to the desk of Gov. Ron DeSantis, who is expected to sign it. It would take effect July 1 if it becomes law.
The House on Wednesday passed a separate bill, HB 7025, which would require additional training for professional guardians regarding ethics and fiduciary duties to a ward. Professional guardians would also have to tell the state Office of Professional and Public Guardians each court district to which they’ve been appointed to a ward.
The office would also have to begin investigating a complaint against a guardian within 10 days after it’s filed, and clerks of court would have to inform the office within 10 days after removing a guardian or imposing a sanction against a guardian. That bill, though, hasn’t been heard in the Senate.