Guardianship Changes Take Effect July 1
June 10th, 2015 by Mike VasilindaImagine having to pay someone to open your mother or fathers mail, even though they live just down the street. That’s just one of the horror stories state Lawmakers heard from Floridians whose parents have been placed in a guardianship, but as Mike Vasilinda tells us, a new law on the books hopes to remedy the problem and others.
Doug Franks has to pay an hourly rate to visit his mother Ernestine. He’s part of a growing national movement seeking changes in guardianships.
“We, simply, the families are isolated so they don’t know what’s going on. Their wards, the people who have suffered a civil death, who have no rights are then taken advantage of financially” says Franks.
The Franks nightmare is being played out in thousands of families across Florida.
“They charge to open a letter. Eighty dollars” says State Representive Kathleen Passidomo (R-Naples), who successully sponsored the legislation signed by the Governor. Her bills takes effect July first and hopes to put the brakes on questionable guardians.
“If a guardian exploits their ward, there will be criminal penalties. They can go to jail” says Passidomo.
The new law also put restrictions on judges appointing guardians, Franks has tried to get the courts to reopen his mothers case without luck.
“In Mr. Franks case, we are hopeful he can go to the court and say I object to what’s going on here, and the courts, based on the new statute, will hear him out” says the Naples Representative
Even supporters say the legislation signed by the Governor only solves half the problem.
State Senator Nancy Detert had legislation to license public, for profit guardians. It came close but didn’t pass.
“And nobody is regulating what they do. And they can take your mail. Take your money and be in charge of your healthcare. Cut you off from your relatives, and there is nobody who can say they can’t do it says Detert.”
But for the next year, public, for profit guardians will be unregulated. Nancy Detert’s advice: Families beware.
Detert says the Guardianship bill will be the first bill she files for the coming January session. The number of public, for profit guardians has grown from 23 to more than 450 in the last five years.
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