Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1098
       
       
       
       
       
       
                                Ì263154!Î263154                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/07/2023           .                                
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       The Committee on Judiciary (Burton) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 83 - 126
    4  and insert:
    5         s. 744.4431 if there is a conflict over or objection to a
    6  proposed exercise of that authority.
    7         Section 3. Present subsections (2), (3), and (4) of section
    8  744.3675, Florida Statutes, are redesignated as subsections (3),
    9  (4), and (5), respectively, paragraph (e) is added to subsection
   10  (1) and a new subsection (2) is added to that section, and
   11  paragraph (d) of subsection (1) of that section is amended, to
   12  read:
   13         744.3675 Annual guardianship plan.—Each guardian of the
   14  person must file with the court an annual guardianship plan
   15  which updates information about the condition of the ward. The
   16  annual plan must specify the current needs of the ward and how
   17  those needs are proposed to be met in the coming year.
   18         (1) Each plan for an adult ward must, if applicable,
   19  include:
   20         (d) 1. A list of any preexisting:
   21         a. Orders not to resuscitate as described in executed under
   22  s. 401.45(3) and the date such orders were signed; or
   23         b. Preexisting Advance directives, as defined in s. 765.101
   24  and, the date such directives were signed. an order or directive
   25  was signed,
   26         2. For each item listed under subparagraph 1., the plan
   27  must state whether the such order or directive has been revoked,
   28  modified, or suspended by the court or the extent to which
   29  authority under an order or directive has been transferred by
   30  the court to the guardian. The plan must also state the date of
   31  any revocation, modification, or suspension by the court.
   32         (e) , and A description of the steps taken to identify and
   33  locate a the preexisting order not to resuscitate or advance
   34  directive.
   35         (2) A surrogate designated by the ward in an advance
   36  directive or an agent designated by the ward in a durable power
   37  of attorney who retains authority to make health care decisions
   38  under the guardianship plan may exercise retained authority
   39  without additional approval by the court. Any authority of the
   40  surrogate to carry out the instructions in the advance directive
   41  or authority of the agent under a durable power of attorney
   42  which is transferred to the guardian may be exercised by the
   43  guardian, consistent with the advance directive or durable power
   44  of attorney, without additional approval by the court. Any
   45  authority transferred to the guardian to execute an order not to
   46  resuscitate or to consent to withhold or withdraw life
   47  prolonging procedures is subject to court approval pursuant to
   48  s. 744.4431 if there is a conflict over or objection to a