Florida’s guardianship system is undergoing significant legislative reform. Legislators recently introduced bills in both the Florida House and Senate to enact what they are calling Karilyn’s Law.
These proposals aim to enhance transparency and oversight, ensuring the rights and well-being of wards. However, not everyone is in favor of the bills.
Guardian Selection and Visitations
The proposed legislation includes requirements to appoint public guardians on a rotating basis. Additionally, the court would establish visitation rights for all family members, unless evidence suggests that family visits would cause harm.
Rights Reevaluation
Another key element of the legislation is the reevaluation of the ward’s rights every three years. Currently, the process for wards to have their rights restored is cumbersome, highlighting the need for these changes.
Guardianship Improvement Task Force
The proposed requirements align with the statewide guardianship improvement task force’s recommendations. This committee prioritized establishing a statewide guardianship database for transparency. The system is currently in testing and scheduled to launch in April 2024.
Support for the Bills
Various stakeholders have expressed support for the bills. For example, Pinellas County Court Clerk Ken Burke described them as an important step forward in fixing the broken guardianship program. Additionally, Kat Duesterhaus, the acting legislative director of Florida NOW, endorsed the proposals.
Opposition and Challenges
Despite the positive intent of the proposals, there is opposition from some quarters. For example, the Real Property, Probate, and Trust Law Section opposes certain aspects of the legislation. This section of the Florida Bar cited conflicts with existing law and privacy concerns. Others have opposed jury trials for certain actions and financial disclosures to the ward’s beneficiaries.
While the future of these proposals remains uncertain, the need to protect the dignity of Florida’s elderly population remains evident.
