SESSION WATCH
Died HOUSE · SESSION 2026

No. HB 1099

Guardianship
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SPONSOR
Aristide
FILED BY
Wallace Aristide — District 107, Democrat [search donations]
EFFECTIVE
7/1/2026
DIED IN
Civil Justice & Claims Subcommittee

Filed under Legal.

PROVIDED SUMMARY

Guardianship; Requires that order appointing guardian identify persons entitled to certain information upon incapacitated person's death; authorizes that order appointing guardian identify persons entitled to notice if incapacitated person is transferred to medical facility & persons entitled to visit incapacitated person; authorizes guardian to restrict ability of minor ward to maintain certain contacts in certain circumstances; authorizes guardian to restrict ability of adult ward to maintain contact with person in certain circumstances; requires guardian to provide ward with notice of change in residential setting in certain circumstances; requires guardian to provide notice to any person identified in order of appointment.

Full bill text →

Plain English Summary

AI-GENERATED
Limits when guardians may restrict an adult ward's contact.

A guardian may restrict an adult ward's contact with someone only if the guardian has good cause to believe the contact risks significant physical, psychological, or financial harm, replacing a standard based on mere belief of possible harm.

Restrictions are capped at 7 business days for people with a familial or preexisting relationship to the ward, or 60 days for others, unless a court specifically orders a longer restriction.

Guardians must give the ward 14 days' notice before a move to a more restrictive residential setting, unless the guardianship plan or a court order already authorized the move.

Every order appointing a guardian must now name who is entitled to notice of the ward's death, remains, and funeral arrangements, and may separately name who gets notice of a medical-facility transfer or may visit.

KEY PROVISIONS
§ 1 Adult ward contact restrictions now require good cause majors. 744.361

AIA guardian may restrict an adult ward's contact with a specified person only if the guardian has good cause to believe the contact risks significant physical, psychological, or financial harm, replacing a bare belief-of-harm standard.

“the guardian may restrict the ability of the ward to maintain contact with a specified person if the guardian has good cause to believe” bill text, line 66 →
§ 2 Restrictions on adult wards are capped in duration majors. 744.361

AIA restriction on an adult ward's contact may last no more than 7 business days for someone with a familial or preexisting relationship to the ward, or 60 days otherwise, unless specifically authorized by a court order.

“For a period of not more than 7 business days, if the person has a familial or preexisting social relationship with the ward” bill text, line 74 →
§ 3 14-day notice required before a more restrictive move moderates. 744.361

AIA guardian must notify the ward at least 14 days before a move to a more restrictive residential setting, unless the guardianship plan or a court order already authorized the change.

“The guardian must provide the ward with notice of a change in residential setting at least 14 days before the change occurs” bill text, line 85 →
§ 4 Order of appointment must name who gets death notice moderates. 744.2005

AIEvery order appointing a guardian must now identify the persons entitled to notice of the incapacitated person's death, the disposition of remains, and funeral arrangements.

“Identify the persons entitled to receive notice of the following information, when such information is known or can be reasonably ascertained by the guardian” bill text, line 38 →
§ 5 Order may separately name transfer-notice and visitation persons moderates. 744.2005

AIA guardianship order may, but is not required to, identify who is entitled to notice of a transfer to a medical facility and who is entitled to visit the incapacitated person.

“Identify the persons entitled to notice of the incapacitated person's transfer to a medical facility” bill text, line 52 →
TIMELINE
3/13/2026
Died in Civil Justice & Claims Subcommittee
1/13/2026
1st Reading (Original Filed Version)
1/12/2026
Now in Civil Justice & Claims Subcommittee
1/12/2026
Referred to Judiciary Committee
1/12/2026
Referred to Human Services Subcommittee
1/12/2026
Referred to Civil Justice & Claims Subcommittee
1/7/2026
Filed
1 EARLIER →
STATUTES IT CHANGES
s. 744.2005
+110 / −12
s. 744.361
+210 / −13
s. 744.2005
+0 / −0