Florida would join 46 other states if lawmakers pass proposed legislation to adopt the Uniform Adult Guardianship Jurisdiction Act for Florida.
Senate Bill 1032 and House Bill 845 set out to establish clear and uniform protocols for judges, guardians, and elder law attorneys, who frequently face complex guardianship issues dealing with everything from initial state jurisdiction determination and the transfer of guardianship to another state to whether a guardianship in one state will be recognized in another. Only Florida, Texas, Kansas, and Michigan have failed to adopt a version of the clarifying law.
Since Florida has yet to adopt a uniform adult guardianship jurisdiction law, courts in other states often rule against Florida’s ability to help wards – residents under guardianships – once they cross state lines. For example, many seniors from northern states choose to spend the winter in Florida. But should these “snowbirds” fall ill while in Florida and be debilitated to the point of needing a caretaker, an adult child may have to step in to provide care for the ailing parent – potentially involving moving the parent to another state. If the states involved in this case haven’t adopted a uniform law, they may all believe they lack jurisdiction, putting the ward at great risk.
“It will give us greater standing when working with other states that have this uniform act,” said Sen. Danny Burgess, the bill’s sponsor in the Florida Senate. “It will not dilute our guardianship laws, instead it helps clear up some unnecessary and, in some cases, heartbreaking legal wrangling and very emotionally and contentious issues.”
Guardianship is an issue that affects millions of Floridians. Nearly 5 million adults in Florida live with a disability, and 1 in 14 of Florida’s residents with disabilities are unable to live independently.
Advocates supporting the legislation in Florida argue that the lack of uniform legislation has made the transferring of guardianships significantly more problematic in the courts. Each court has jurisdiction over its own state’s legal residents, but in guardianship cases that can sometimes lead to two different judges issuing contradictory orders in different states. Without a uniform law, there is no direct system for resolving these disputes.
Adoption of the Florida Guardianship Jurisdiction Act would provide certain protections to vulnerable populations and wards when disputes arise over jurisdiction involving other states. The law would set up uniform provisions for communication and cooperation of court systems between states in guardianship cases; define residency; permit a Florida court to decline to exercise jurisdiction; and outline a procedure for when two states are each attempting to exercise jurisdiction.
Proponents of the legislation acknowledge that Florida is ahead in adopting other laws to prevent exploitation and protect Florida’s vulnerable populations, but they quickly point out that those protections completely erode when a resident crosses state lines.
“In nearly every arena, Florida is setting the bar when it comes to guardianship and ward protections. But with state jurisdiction legislation, we’ve fallen terribly behind,” said Victoria Hueler, a board-certified elder law attorney and representative of the Elder Law Section of The Florida Bar. “Florida’s vulnerable populations deserve better protections – protections that are guaranteed by 46 other states. We need to ensure that this system is strong, protective, and uniform across state lines. We owe it to Floridians to pass this legislation.”
SB 1032 passed out of the Senate Judiciary Committee unanimously in January, but has yet to be heard by the House.
