Florida State Guardianship Association

FSGA Mission Statement - The Florida State Guardianship Association is dedicated to the protection of the

dignity and rights of incapacitated persons and to increasing the professionalism of guardianship through

education, networking and legislative action.

Volume 4 Edition #3 FSGA BULLETIN

The Florida State Guardianship Association, Inc. is a nonprofit corporation, an affiliate of the National Guardianship Association.

floridaguardians.com | (800) 718-0207 | eFax (877) 896-0464 | PO Box 1185, Palm City, Florida 34991

FSGA is excited to announce the 2021 Annual HYBRID

Conference to be held on October 14 and 15 2021 in Orlando!

Please join us for an evening social event October 14 and a full

day of informative sessions, networking and breakfast and lunch

on Friday October 15, 2021. Discounted room rates are

available.

Continuing education credits will be available for guardians,

attorneys, social workers and registered nurses, through

another superb program being developed.

COVID 19 precautions will be followed such as social distancing,

masks, sanitizing, and any precautionary measures the hotel

may require. Consequently, in person involvement inside the

conference room is being limited to the first 100 people

registered.

We will be showcasing a superb schedule with salient topics

such as Guardianship Ethics, Conflict of interest, Fiduciary Duty, and Recovering Assets in Exploitation Cases and more.

You will also have the option to join us virtually from the comfort of your home, your hotel room, poolside or wherever

you prefer. Check our website for details in the coming weeks.

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Hello everyone,

Hope all have been good, and not having any trouble obtaining the COVID vaccines finally. I had my second shot in mid-April and so have most of the folks in our (60+ person) agency with a handful more to go. Definitely it is great things are improving on this front.

FSGA’s 2nd Annual Ethics Symposium held in mid-April was quite successful by all accounts. Over 200 people participated! Going forward we hope to continue this event so any sugges-tions are welcomed.

FSGA has also been very active in recent months to promote the good work of all of you with the media and the in particular the Florida Legisla-ture. A terrific Op-Ed piece providing an actual-ly accurate view and rebutting that Netflix mov-ie was widely circulated to the media and nu-merous legislators and staff. Additionally, the Ethics Symposium event was brought to the attention of legislators for their own edification and so they could gain appreciation of guardi-ans’ interest in attaining high standards.

More good things are on the horizon for FSGA. The FSGA Listserv will be formally unveiled shortly, and in the works is the Annual “Hybrid” Conference set for mid-October. The Events Committee has already been meeting to devel-op a very worthwhile and a safe event for every-body.

As always, your individual participation and feedback is both needed and welcomed.

Thank you,

Carlos McDonald

Acting FSGA President

principally authored by Pam Wiener as the Communications Chair

The Florida State Guardianship Association, Inc. is a nonprofit corporation, an affiliate of the National Guardianship Association.

floridaguardians.com | (800) 718-0207 | eFax (877) 896-0464 | PO Box 1185, Palm City, Florida 34991

PRESIDENT’S CORNER

The Florida State Guardianship Association, Inc. is a nonprofit corporation, an affiliate of the National Guardianship Association.

floridaguardians.com | (800) 718-0207 | eFax (877) 896-0464 | PO Box 1185, Palm City, Florida 34991

The regular Florida Legislative Session for 2021 ended this past April 28th. Of the various

legislative bills that FSGA was monitoring, four were enacted by the Legislature that are of

particular interest.

These are awaiting the Governor’s review and anticipated signature in the coming days:

CS/CS/SB 184 – Purple Alert

The bill creates s. 937.0205, F.S., and establishes the Purple Alert to assist the search for a

missing with a mental or cognitive disability, an intellectual disability or a developmental disability, and may not meet criteria for a

Silver Alert.

FSGA formally went on record with legislators in support. Senator Lori Berman from Palm Beach was the prime sponsor, and Repre-

sentatives Joe Casello, and Matt Willhite also from Palm Beach were sponsors along with several others.

CS/CS/HB 441 – Elder-focused Dispute Resolution Process

The bill creates in s. 44.407, F.S., an alternative dispute resolution option in which court-appointed eldercaring coordinators assist

elders, their legally authorized decision makers, and their family members in resolving high-conflict disputes that can impact an

elder’s safety and autonomy. Eight of Florida’s twenty judicial circuits – 5th, 7th, 9th, 12th, 13th, 15th, 17th, and 18th, have been

piloting this process since 2015. Professional guardians that also hold at least a master’s degree, and complete certification through

the Florida Supreme Court can serve as eldercaring coordinators.

FSGA has participated in the formulation of the eldercaring coordination process since 2013 and formally supported the legislation

during the Session. Representative Brett Hage and Senator Dennis Baxley were the sponsors. Both are from Sumter, Lake and Mar-

ion Counties.

CS/HB 1041 – Protection of Elderly Persons and Disabled Adults

The bill amends several statutes to, in effect, add to the definitions of abuse and exploitation of the elderly and preventing wrong-

doers from serving as personal representative and inheriting or retaining a survivor interest from the abused elder. Importantly,

the bill amends s. 825.1035 (Injunction against exploitation) to permit an agent under a power of attorney to sign and file the peti-

tion for a restraining order.

FSGA also supported this legislation. Representative Colleen Burton from Polk was the principal sponsor, along with Rep. Alex An-

drade from Escambia/Santa Rosa and Rep. Daisy Morales from Orange. Senator Danny Burgess from Hillsborough/Pasco was the

Senate sponsor.

CS/CS/SB 714 – Resource Information for Individuals with Disabilities

The bill requires APD to provide all individuals applying for waiver services through iBudget Florida with specified written infor-

mation pertaining to certain federal, state, and local assistance programs and resources, whether or not they are eligible for waiver

services.

The legislation was sponsored by Senator Annette Taddeo from Miami-Dade, and Representative Allison Tant from Leon, along

with several more Representatives as co-sponsors.

STATE BUDGET / iBudget Waiver Medicaid – With state revenues bouncing back and with the substantial federal stimulus money

coming down from Washington, the Legislature added $80 million to the budget aiming to remove about 2,100 people with intel-

lectual and developmental disabilities from the lengthy waiting list for Medicaid iBudget waiver services.

Over the coming months, the FSGA Legislative Committee will be focusing on assisting Chapters to make connections with their

Legislators and to further FSGA’s legislative priorities. For information or to participate in the Legislative Committee efforts, con-

tact Gina Rossi-Scheiman, Carlos McDonald or Pam Keller.

FSGA WORKING FOR YOU IN TALLAHASSEE

The Florida State Guardianship Association, Inc. is a nonprofit corporation, an affiliate of the National Guardianship Association.

floridaguardians.com | (800) 718-0207 | eFax (877) 896-0464 | PO Box 1185, Palm City, Florida 34991

FSGA BOARD SERVICE

The FSGA is led by a robust Board of Directors from a variety of professions

over all areas of the state of Florida. Members from the guardianship field di-

rect the activities of the association to ensure that we remain the premier ed-

ucation and advocacy association for guardians and those they serve. Board

roles are for professionals who like to roll their sleeves up and dedicate their

time and energy to implementing the agenda of our association.

FSGA Directors identify and respond to trends in guardianship and other arenas. They set FSGA policy, and

actively recruit new members. They generate leads and assist directly with acquiring sponsors and contribu-

tors to the Association. Directors oversee the planning and development of the Annual Conference and

events.

The Board meets regularly virtually and occasionally in person, meeting attendance is required as well as ser-

vice on at least two of the FSGA committees to ensure that the association plans are being implemented. Our

Board is looking for new enthusiastic professionals to help guide our directives. Now accepting nominations

for the following openings:

DIRECTORS 2021-2024 (full terms)

Director Area IV Sarasota, Manatee, Desoto, Charlotte, Glades Lee, Hendry, Collier, Monroe

Director Area ll Seminole/Orange, Osceola, Brevard, Indian River, St. Lucie, Martin, Okeechobee

Area VII: Alachua, Gilchrist, Levy, Citrus, Marion, Lake, Sumtner, Bradford.

Director (At Large) ANY AREA

Currently VACANT are:

Area I: Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Jackson, Washington, Bay, Gulf and Calhoun. (term ending 2023)

Area VI: Gadson, Liberty, Franklin, Leon, Wakulla, Jefferson and Madison County (term ending 2023)

Area lll: Hernando, Pasco. Hillsborough, Polk, Highlands, Hardee, Pinellas (term ending 2022)

Director (At Large) ANY AREA (term ending 2022)

Click HERE for a NOMINATION FORM

Area Directors must reside within the area to be considered.

If you’d like more information, please contact Robin Phemister, FSGA Immediate Past President, Nominating

Committee Chair.

The Florida State Guardianship Association, Inc. is a nonprofit corporation, an affiliate of the National Guardianship Association.

floridaguardians.com | (800) 718-0207 | eFax (877) 896-0464 | PO Box 1185, Palm City, Florida 34991

The Florida State Guardianship Association, Inc. is a nonprofit corporation, an affiliate of the National Guardianship Association.

floridaguardians.com | (800) 718-0207 | eFax (877) 896-0464 | PO Box 1185, Palm City, Florida 34991

Written By: Joseph Bensmihen, RG, Apollo Mediation

Adult guardianship is a significant intervention. It transfers most of someone's fundamental

rights to a surrogate. In many situations, this type of guardianship will last for the rest

of that person's life. The vast majority of guardians provide essential care to the people they

are supposed to protect. Unfortunately, there are also situations where someone may lan-

guish under an overly restricted or unnecessary guardianship arrangement.

In the most famous case of adult guardianship, Jamie Spears, the father of the pop singer

Britney Spears, was named conservator over his adult daughter. Following a divorce, a bitter custody battle,

and two hospitalizations related to drug abuse, a judge awarded Britney’s father conservatorship over her.

This happened in 2008. Now, 13 years later, Britney is still under the legal guardianship of her father. Today,

she is 39 years old and she wants her rights restored.

Even though every state has some provisions in place for the termination of guardianship arrangements, it is

unusual to see someone's rights restored. On a yearly basis, a professional guardian must attempt to explore

restoring the rights of the wards under their care. And, in some cases, even a partial restoration is a victory.

In my 22 year career, I have restored the rights of 5 individuals, which is a very positive number given the

difficulty in restoring these rights.

When Might a Court Terminate Guardianship and Restore Rights?

In general, there are three main reasons why a court may terminate a guardianship arrangement and restore

someone's fundamental rights. The biggest reasons include:

• The court has found that the individual under the guardianship arrangement has regained the ability to

make his or her own decisions.

• The court has found that the individual’s decision-making capacity has improved and the ward no lon-

er needs the assistance of a guardian to make these decisions.

• Additional evidence has been made available showing that the person does not meet the legally required

criteria that appointed a guardian.

Of course, meeting these conditions and proving them in a court of law are two different things. How can

someone successfully petition the court to have his or her rights restored?

TERMINATING AN ADULT CONSERVATORSHIP

AND HAVING YOUR RIGHTS RESTORED

The Florida State Guardianship Association, Inc. is a nonprofit corporation, an affiliate of the National Guardianship Association.

floridaguardians.com | (800) 718-0207 | eFax (877) 896-0464 | PO Box 1185, Palm City, Florida 34991

PALM BEACH

We, the Palm Beach Guardianship

Association, have continued our

monthly meetings via zoom over the

past year. We have been fortunate to

have excellent presenters and are no

less fortunate to have the following

speakers during our May and June 2021

zoom meetings: On May 13, 2021, at

8:30 am our guest speaker will be

Attorney Ellen Morris of Elder Law

Associates. She specializes in elder law

and the needs of special needs clients.

On June 10, 2021, at 8:30 am, our guest

speakers will be Senator Tina Polsky

who is a certified mediator whose

company is Elder Care Mediations.

Please join us via Zoom for these two

very special presenters.

SOUTHWEST CHAPTER

The chapter has been meeting via

Zoom due to the pandemic, and will

continue to meet via Zoom until it is

safe to meet in person. The chapter

has revised their bylaws and have

agreed to meet quarterly in 2021. Up-

coming Chapter Meetings: May 11,

2021, August 10 , 2021, November 9,

2021, October 12, 2021

CHAPTER

NEWS

Restoring Rights and Terminating Adult Guardianship

In order to restore someone's rights and terminate adult guardian-

ship, the first step is to file the appropriate papers. In this situation, it

is a good idea to rely on an experienced attorney who understands

how to do this efficiently. The attorney may need to complete a docu-

ment known as a Citation or a Notice of Hearing. This will place the

petition on the calendar of the court.

Furthermore, it is a good idea to collect supporting evidence as well.

For example, it might be helpful to collect letters from medical provid-

ers showing that the individual has the ability to make his or her

own decisions. Once the appropriate paperwork has been filed with

the court, the papers have to be served to the other party. A hearing

will be scheduled in court where both sides will have the opportunity

to present their own evidence. The Judge will terminate the guardian-

ship arrangement or restore one or more rights if the hearing is suc-

cessful. After the judge signs the order, it has to be filed with

the clerk's office.

Even though it can be difficult to terminate guardianship arrange-

ments, it is important for everyone to have their rights appropriately

defended. Nobody should have right stripped from them if they

are able to make decisions on their own. It can be helpful to rely on a

trained legal professional for help with this situation.

TERMINATING AN ADULT

CONSERVATORSHIP AND HAVING

YOUR RIGHTS RESTORED cont’d.

The Florida State Guardianship Association, Inc. is a nonprofit corporation, an affiliate of the National Guardianship Association.

floridaguardians.com | (800) 718-0207 | eFax (877) 896-0464 | PO Box 1185, Palm City, Florida 34991

Thank

You !!!

MEMBERSHIP RENEWAL It’s been a busy year for FSGA. Our Association stands strong with over 400 members

and 16 local chapters throughout the state, all part of our unified voice for guardians.

This year FSGA has unveiled a new and improved website, been vigilant in responding

to current events; and drastically increased our free quality virtual educational offer-

ings in response to the current times. As the world

changes and the needs of guardians do as well, FSGA

responds with the best in quality education and support

for those doing the good work of guardianship.

FSGA 2ND ANNUAL SYMPOSIUM

A big thank you to our terrific

presenters Jonathan Beever,

Ph.D.,

Valerie Fuldauer, MSHL, MT

(ASCP), Gregory Knupke – Coe,

RDN, LD/N, Samantha Bal-

lantine, LNHA,

Kenneth W. Goodman, PhD,

FACMI, FACE,

Alan S. Rozen, MD, HMDC

FAAHPM.

Looking for copies of the

presentations and

handouts? Please contact Gina

for Dropbox access

Also kudos to our wonderful

colleagues who helped us put

on a great production, Kerry

Fink and Hal White of

Helping Seniors of Brevard and

Chip Henslee of Chip Consulting.