Orlando Sentinel

Senate OKs guardiansh­ip bill

State measure aims to protect elderly in wake of Fierle case

- By Gray Rohrer

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.

 ?? MONIVETTE CORDEIRO/ORLANDO SENTINEL ?? A bill passed by the Senate Thursday was inspired by the case of Rebecca Fierle, who was charged with abuse of an elderly person.
MONIVETTE CORDEIRO/ORLANDO SENTINEL A bill passed by the Senate Thursday was inspired by the case of Rebecca Fierle, who was charged with abuse of an elderly person.

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