HB 709 — Guardianship

hb0709-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 709 2020 (1) Each plan for an adult ward must, if applicable, include:

Section 744.3725, Florida Statutes, is amended to read:

744.3725 Procedure for extraordinary authority.— (1) Before the court may grant authority to a guardian to exercise any of the rights specified in s.

744.3215(4), the court must:

(a)(1) Appoint an independent attorney to act on the incapacitated person's behalf, and the attorney must have the opportunity to meet with the person and to present evidence and Page 6 of 9 CODING:

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hb0709-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 709 2020 cross-examine witnesses at any hearing on the petition for authority to act.;

(b)(2) Receive as evidence independent medical, psychological, and social evaluations with respect to the incapacitated person by competent professionals or appoint its own experts to assist in the evaluations.;

(c)(3) Personally meet with the incapacitated person to obtain its own impression of the person's capacity, so as to afford the incapacitated person the full opportunity to express his or her personal views or desires with respect to the judicial proceeding and issue before the court.;

(d)(4) Find by clear and convincing evidence that the person lacks the capacity to make a decision about the issue before the court and that the incapacitated person's capacity is not likely to change in the foreseeable future.;

and (e)(5) Be persuaded by clear and convincing evidence that the authority being requested is in the best interests of the incapacitated person.

(2) The court must make a determination within 72 hours after the filing of a petition under s.

744.3215(4)(f), if the court finds, based on the facts presented by the guardian and any accompanying documents, that the ward is experiencing an exigent circumstance such that a decision on whether to resuscitate is likely to be required within 14 days after the petition was filed.

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hb0709-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 709 2020 (3) The provisions of This section and s.

744.3215(4) are procedural and do not establish any new or independent right to or authority over the termination of parental rights, dissolution of marriage, sterilization, abortion, or the termination of life support systems.

Section 8.

(3)(2) Unless prior approval is obtained by court order, or unless such relationship existed before prior to appointment of the guardian and is disclosed to the court in the petition Pagefor 6appointment of 7guardian, CODING:a guardian may not:

(a) Have any interest, financial or otherwise, direct or indirect, in any business transaction or activity with the ward, the judge presiding over the case, any member of the appointed Page 8 of 9 CODING:

hb0709-00hb0709-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 709 2020 forexamining appointmentcommittee, ofany guardian,court aemployee guardianinvolved mayin not:the guardianship process, or the attorney for the ward;

(a) Have any interest, financial or otherwise, direct or indirect, in any business transaction or activity with the ward, the judge presiding over the case, any member of the appointed examining committee, any court employee involved in the guardianship process, or the attorney for the ward;

Section 8.9.

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