Bill Summaries: Consumer Protections
“We strive to create an America where people 50+ have access to the care, information and services they need to lead healthier lives with independence and dignity.” -Jo Ann Jenkins, AARP CEO HIGHLIGHTS Guardianship CS/HB 1187, by Representative Spano, PASSED. The companion bill was CS/SB 1002, by Senator Passidomo. The legislation is now Chapter No. 2018-068, Laws of Florida, effective July 1, 2018. AARP supported this legislation. The legislation allows circuit court clerks to conduct audits of annual guardianship reports when there is reason to believe misconduct has occurred. If a clerk identifies an act of wrongdoing on the part of a guardian, the legislation prohibits the guardian from being paid by or reimbursed from the ward’s assets for any fees incurred in order to respond to the audit. The clerk is required to advise the court of the audit results. See Voting Record for CS/HB 1187 p.44-45; CS/SB 1002 p.46. Office of Public and Professional Guardians Direct-support Organization SB 498, by Senator Garcia PASSED. The companion bill was HB 6057, by Representative Fischer. The legislation is now Chapter No. 2018-020, Laws of Florida, effective July 1, 2018. AARP supported this legislation. The legislation removes the repeal date for the “Foundation for Indigent Guardianship,” which serves as a direct-support organization (for the Office of Public and Professional Guardians within the Department of Elder Affairs). The Foundation provides free educational opportunities for staff of public guardianship programs, raises awareness about the needs of public guardians and assists indigent Florida seniors who do not have caregivers. See Voting Record for SB 498 p.47-48; HB 6057 p.49. Exploitation of a Vulnerable Adult CS/CS/CS/HB 1059, by Representative Burton, PASSED. The companion bill was SB 1562, by Senator Passidomo. The legislation is now Chapter No. 2018-100, Laws of Florida, effective July 1, 2018. AARP supported this legislation. The legislation authorizes a court to prohibit further exploitation of a vulnerable adult. A vulnerable adult is a person 18 years of age or older who: • Is unable to perform the normal activities of daily living; • Is unable to care for or protect himself or herself, or; • Is impaired due to mental, emotional, sensory, or long-term physical condition, developmental disability dysfunction, brain damage, or the infirmities of aging. The legislation also permits a court to place a freeze on the assets and credit lines of the vulnerable adult. See Voting Record for CS/CS/CS/HB 1059 p.50-51; SB 1562 p.53.
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