New standards raise bar for guardianship profession in Florida
If you know someone who may be in need of guardianship, they can benefit from Gov. Rick Scott just signing into law new standards of practice that raise the bar for the guardianship profession.
These standards were developed by the new Office of Public and Professional Guardians (OPPG) with help from the Florida Guardianship Association (FSGA). The OPPG itself was established as part of a law passed last year to keep exploiters from taking money and rights from those they were entrusted to help. Some alleged examples of that were detailed in this newspaper.
These new standards cover issues like the guardian’s education and training, their relationship with the person they are caring for and that person’s family, conflicts of interest, and decision-making concerning the person’s health care and property.
However, even with new laws and standards, consumers must still take a hands-on approach. FSGA recommends guardianship as a last resort. Creating advance directives, such as a health care surrogate and durable power of attorney, should be your top priority. If guardianship is unavoidable, we have some recommendations:
1. If there are signs of a) the person lacking the ability to manage their financial affairs, b) self-neglect, c) exploitation or d) lack of insight into their own situation, the person may need a court-appointed guardian.
2. Florida law requires that family guardians (someone who serves two or fewer people) complete an eight-hour course and complete 16 hours of continuing education every two years. Professional guardians (who serve three or more), must complete a 40-hour course, pass national and state examinations, register with OPPG, file with the clerk of the courts in the circuits where they will practice, pass a criminal background check, and provide a copy of their credit report to OPPG and clerk of the courts. Registration with the Center for Guardianship Certification is required to maintain national credentials.
3. A guardian is entrusted with your assets. So your guardian must have experience and knowledge of financial management and in medical, mental health and care management.
We welcome the new standards, but individuals must be proactive in making sure vulnerable citizens get the care and protection they deserve.