1 | Representative Kyle offered the following: |
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3 | Amendment (with title amendment) |
4 | Between line(s) 205 and 206, insert: |
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6 | Section 4. Subsection (3) of section 744.309, Florida |
7 | Statutes, is amended to read: |
8 | 744.309 Who may be appointed guardian of a resident |
9 | ward.-- |
10 | (3) DISQUALIFIED PERSONS.-- |
11 | (a) No person who has been convicted of a felony or who, |
12 | from any incapacity or illness, is incapable of discharging the |
13 | duties of a guardian, or who is otherwise unsuitable to perform |
14 | the duties of a guardian, shall be appointed to act as guardian. |
15 | Further, no person who has been judicially determined to have |
16 | committed abuse, abandonment, or neglect against a child as |
17 | defined in s. 39.01 or s. 984.03(1), (2), and (37), or who has |
18 | been found guilty of, regardless of adjudication, or entered a |
19 | plea of nolo contendere or guilty to, any offense prohibited |
20 | under s. 435.03 or under any similar statute of another |
21 | jurisdiction, shall be appointed to act as a guardian. Except as |
22 | provided in subsection (5) or subsection (6), a person who |
23 | provides substantial services to the proposed ward in a |
24 | professional or business capacity, or a creditor of the proposed |
25 | ward, may not be appointed guardian and retain that previous |
26 | professional or business relationship. A person may not be |
27 | appointed a guardian if he or she is in the employ of any |
28 | person, agency, government, or corporation that provides service |
29 | to the proposed ward in a professional or business capacity, |
30 | except that a person so employed may be appointed if he or she |
31 | is the spouse, adult child, parent, or sibling of the proposed |
32 | ward or the court determines that the potential conflict of |
33 | interest is insubstantial and that the appointment would clearly |
34 | be in the proposed ward's best interest. The court may not |
35 | appoint a guardian in any other circumstance in which a conflict |
36 | of interest may occur. |
37 | (b) A spouse shall not serve as a guardian of his or her |
38 | spouse if, during the ward's incapacity, the guardian spouse |
39 | fathers or gives birth to a child out of wedlock. |
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41 | ================ T I T L E A M E N D M E N T ============= |
42 | Remove line(s) 23 and insert: |
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44 | the prohibition; amending s. 744.309, F.S.; prohibiting a spouse |
45 | from serving as a guardian for his or her spouse if, during the |
46 | ward's incapacity, the guardian spouse fathers or gives birth to |
47 | a child out of wedlock; specifying that the act is remedial; |