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Are guardianship laws changing?

On Behalf of | Aug 7, 2019 | Elder Law | 0 comments

As we age, our bodies and minds are just not what they used to be. For many people, with age comes the realization that you can no longer properly care for yourself or your needs. This means you may require a guardian. Florida has guardianship laws that outline how this works. Ideally, a relative that you can trust steps in as your guardian, but in some cases, you need a stranger to do that. The law is the only way to regulate such relationships, and it is changing.

 Bay News 9 explains that in light of an investigation into issues with guardians in the state, the Department of Elder Affairs is undergoing serious change. Complaints against guardians have piled up and are not being addressed, which has led to serious issues, including at least one death.

Not only do guardians watch over your health bit they also manage your finances. If they are not properly managed, it can lead to crimes and health issues. Abuse of power is a huge issue when there is lack of oversight.

The changes to the system include processing complaints faster and removing unfit guardians from the system. This means more management and oversight along with closer attention when someone files a complaint. It also means putting more checks and balances in to place. There is no final plan in place yet.

 The Department of Elder Affairs is restricted in what it can do to fix the system since it does not have the ability to oversee guardians on a day to day basis. Furthermore, it only has the power to take a guardian’s license. The court is responsible for other punishment. So, to work out a solution, everyone must come together. This information is for education and is not legal advice.