Florida Senate - 2025                                    SB 1272
       
       
        
       By Senator Jones
       
       
       
       
       
       34-00118B-25                                          20251272__
    1                        A bill to be entitled                      
    2         An act relating to guardianship; amending s. 744.361,
    3         F.S.; prohibiting a guardian from restricting the
    4         ability of an adult ward to maintain contact with a
    5         person except in certain circumstances; requiring a
    6         guardian to provide a ward with a notice of a change
    7         in residential setting in certain circumstances;
    8         requiring a guardian to provide notice to any person
    9         identified in an initial guardianship plan; amending
   10         s. 744.363, F.S.; requiring that an initial
   11         guardianship plan identify the persons entitled to
   12         certain information; requiring that an initial
   13         guardianship plan for an incapacitated person identify
   14         persons entitled to certain notice and to visit the
   15         incapacitated person; providing construction;
   16         providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Paragraphs (b) and (h) of subsection (13) of
   21  section 744.361, Florida Statutes, are amended, and paragraph
   22  (k) is added to that subsection, to read:
   23         744.361 Powers and duties of guardian.—
   24         (13) Recognizing that every individual has unique needs and
   25  abilities, a guardian who is given authority over a ward’s
   26  person shall, as appropriate under the circumstances:
   27         (b) Allow the ward to maintain contact with family and
   28  friends. If the ward is a minor, the guardian may restrict the
   29  ability of the ward to maintain any contact that the guardian
   30  believes may cause harm to the ward. If the ward is an adult,
   31  the guardian may not restrict the ability of the ward to
   32  maintain contact with a specified person unless the guardian has
   33  good cause to believe that interaction with the person poses a
   34  risk of significant physical, psychological, or financial harm
   35  to the ward, and the restriction is:
   36         1. For no more than 7 business days, if the person has a
   37  family or preexisting social relationship with the ward;
   38         2. For no more than 60 days, if the person does not have a
   39  family or preexisting social relationship with the ward; or
   40         3. Authorized by specific order of the court unless the
   41  guardian believes that such contact may cause harm to the ward.
   42         (h) Evaluate the ward’s medical and health care options,
   43  financial resources, and desires when making residential
   44  decisions that are best suited for the current needs of the
   45  ward. The guardian must provide the ward with notice of a change
   46  in residential setting at least 14 days before the change occurs
   47  if the new residential setting will be more restrictive than the
   48  current residential setting. Such notice is not required if the
   49  change in residential setting is authorized by the guardianship
   50  plan or a court order.
   51         (k) Provide appropriate notice to any person identified in
   52  an initial guardianship plan pursuant to s. 744.363(1)(h).
   53         Section 2. Paragraph (h) is added to subsection (1) of
   54  section 744.363, Florida Statutes, to read:
   55         744.363 Initial guardianship plan.—
   56         (1) The initial guardianship plan shall include all of the
   57  following:
   58         (h) Identification of all of the following persons:
   59         1. The persons entitled to receive notice of the following
   60  information, when such information is known or can be reasonably
   61  ascertained by the guardian:
   62         a. The incapacitated person’s death.
   63         b. The intended disposition of the remains of the decedent.
   64         c. The funeral arrangements for the decedent.
   65         d. The final resting place of the decedent.
   66         2. If the ward is incapacitated:
   67         a. The persons entitled to notice of the incapacitated
   68  person’s transfer to a medical facility.
   69         b. The persons entitled to visit the incapacitated person.
   70  However, the identification of such persons in the plan does not
   71  limit the persons entitled to visit the incapacitated person.
   72         Section 3. This act shall take effect July 1, 2025.