THE BILL ITSELF
HB 1099
Guardianship
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A bill to be entitled
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An act relating to guardianship; amending s. 744.2005,
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F.S.; requiring that an order appointing a guardian
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identify the persons entitled to certain information
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upon the incapacitated person's death; authorizing
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that an order appointing a guardian identify the
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persons entitled to notice if the incapacitated person
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is transferred to a medical facility and identify the
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persons entitled to visit the incapacitated person;
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providing construction; amending s. 744.361, F.S.;
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authorizing a guardian to restrict the ability of a
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minor ward to maintain certain contacts in certain
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circumstances; authorizing a guardian to restrict the
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ability of an adult ward to maintain contact with a
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person in certain circumstances; requiring a guardian
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to provide a ward with a notice of a change in
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residential setting in certain circumstances;
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requiring a guardian to provide notice to any person
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identified in an order of appointment; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (3) through (7) of section
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744.2005, Florida Statutes, are renumbered as subsections (4)
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through (8), respectively, subsection (2) and present subsection
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(3) are amended, and a new subsection (3) is added to that
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section, to read:
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744.2005 Order of appointment.—
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(2) The order appointing a guardian must:
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(a) State the nature of the guardianship as either plenary
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or limited. If limited, the order must state that the guardian
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may exercise only those delegable rights which have been removed
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from the incapacitated person and specifically delegated to the
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guardian.
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(b) The order shall State the specific powers and duties
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of the guardian.
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(c) Identify the persons entitled to receive notice of the
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following information, when such information is known or can be
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reasonably ascertained by the guardian:
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1. The incapacitated person's death.
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2. The intended disposition of the remains of the
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decedent.
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3. The funeral arrangements for the decedent.
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4. The final resting place of the decedent.
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(d)(3) The order appointing a guardian must Be consistent
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with the incapacitated person's welfare and safety, must be the
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least restrictive appropriate alternative, and must reserve to
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the incapacitated person the right to make decisions in all
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matters commensurate with the person's ability to do so.
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(3) The order appointing a guardian may:
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(a) Identify the persons entitled to notice of the
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incapacitated person's transfer to a medical facility.
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(b) Identify the persons entitled to visit the
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incapacitated person. However, the identification of such
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persons in the order does not limit the persons entitled to
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visit the incapacitated person.
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Section 2. Paragraphs (b) and (h) of subsection (13) of
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section 744.361, Florida Statutes, are amended, and paragraph
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(k) is added to that subsection, to read:
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744.361 Powers and duties of guardian.—
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(13) Recognizing that every individual has unique needs
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and abilities, a guardian who is given authority over a ward's
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person shall, as appropriate under the circumstances:
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(b) Allow the ward to maintain contact with family and
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friends. If the ward is a minor, the guardian may restrict the
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ability of the ward to maintain any contact that the guardian
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believes may cause harm to the ward. If the ward is an adult,
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the guardian may restrict the ability of the ward to maintain
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contact with a specified person if the guardian has good cause
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to believe that interaction with the person poses a risk of
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significant physical, psychological, or financial harm to the
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ward and the restriction is:
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1. For a period of not more than 7 business days, if the
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person has a familial or preexisting social relationship with
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the ward;
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2. For a period of not more than 60 days, if the person
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does not have a familial or preexisting social relationship with
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the ward; or
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3. Authorized by specific order of the court unless the
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guardian believes that such contact may cause harm to the ward.
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(h) Evaluate the ward's medical and health care options,
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financial resources, and desires when making residential
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decisions that are best suited for the current needs of the
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ward. The guardian must provide the ward with notice of a change
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in residential setting at least 14 days before the change occurs
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if the new residential setting will be more restrictive than the
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ward's current residential setting. Such notice is not required
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if the change in residential setting is authorized by the
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guardianship plan or a court order.
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(k) Provide appropriate notice to any person identified in
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an order of appointment.
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Section 3. This act shall take effect July 1, 2026.