The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Children, Families, and Elder Affairs
BILL: CS/CS/SB 1032
INTRODUCER: Children, Families, and Elder Affairs Committee, Judiciary Committee, and Senator
Burgess
SUBJECT: Guardianships
DATE: February 9, 2022 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Davis Cibula JU Fav/CS
2. Delia Cox CF Fav/CS
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1032 creates the Florida Guardianship Jurisdiction Act and revises three statutes
governing orders not to resuscitate.
The Florida Guardianship Jurisdiction Act is crafted to provide direction to courts, attorneys,
guardians, and individuals when an adult guardianship proceeding involves this state and at least
one other state.
The act is based on the model Uniform Adult Guardianship and Protective Proceedings
Jurisdiction Act developed by the Uniform Law Commission. The Uniform act, or a slight
variation of the act, has been adopted in 46 states.
The focus of this act, like the model act, is limited to resolving guardianship issues that occur
when multiple state jurisdictions are involved, when complexities arise because a guardianship is
transferred from one state to another, and when guardianships or orders in one state are sought to
be recognized in another state. Accordingly, the bill establishes criteria for courts to use in
determining which state’s courts are the most appropriate forum to assert jurisdiction over and
resolve a guardianship issue.
The bill also revises three existing statutes governing orders not to resuscitate. In general terms,
the revisions permit a guardian to sign an order not to resuscitate, without additional court
BILL: CS/CS/SB 1032 Page 2
approval, when a preexisting order was approved by a court in an initial or annual guardianship
plan and the order has not been suspended by a court. Additionally, a guardian is authorized to
sign an order not to resuscitate being placed in a ward’s chart by a physician if the hospital ethics
committee has met and agrees with the entry and the ward is in a hospital and exigent
circumstances exist which do not allow enough time for the guardian to seek additional court
approval. Within 72 hours after the signing the order or consenting to the order, the guardian
must file notice of the action with the court and provide accompanying documentation that
supports the decision.
II. Present Situation:
Guardianship
A guardianship is a legal concept in which a “guardian” is given the legal duty and authority to
care for a “ward” or his or her property because the ward is considered incapable of acting for
himself or herself.1 The ward’s incapacity is most often due to infancy, disability, or incapacity.
Guardianships are generally involuntary procedures and disfavored by courts because the ward
loses his or her individual and civil rights. However, guardianships are necessary to protect the
most vulnerable people who do not have the ability to function and protect themselves.
Mobile Adults and Multiple Jurisdictions
As adults live longer, own property in multiple states, and have family members who reside in a
variety of states, determining which state is the most appropriate forum for guardianship
proceedings for an aging and infirm adult, often a parent, can be complicated. These factors for
determining jurisdiction present complex issues for courts, attorneys, and guardians as they seek
to unravel which state should have jurisdiction, how a guardianship may be transferred to
another state, and to what extent one court must recognize a guardianship established in a
different state.2 As litigation continues among family members, emotions are strained, and
considerable financial assets are expended, often reducing or depleting a ward’s estate.
The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
In an effort to resolve these issues that were consuming a substantial amount of legal resources,
the Uniform Law Commission developed the Uniform Adult Guardianship and Protective
Proceedings Jurisdiction Act (UAGPPJA) in 2007.
The act has a narrow scope and deals solely with interstate jurisdiction and connected issues for
adult guardianships. It has been adopted in 46 states, with Florida, Texas, Kansas, and Michigan
being the exceptions to adoption.3
1
BLACK’S LAW DICTIONARY, 11th edition, 2019.
2
American Bar Association, Commission on Law and Aging, State Adult Guardianship Legislation: Directions of Reform –
2013, available at
https://www.americanbar.org/content/dam/aba/administrative/law_aging/2013_final_guardianship_legislative_update_12-18-
13.pdf (last visited Feb. 5, 2022).
3
Uniform Law Commission, Adult Guardianship and Protective Proceedings Jurisdiction Act, available at
https://www.uniformlaws.org/committees/community-home?CommunityKey=0f25ccb8-43ce-4df5-a856-e6585698197a (last
visited Feb. 5, 2022).
BILL: CS/CS/SB 1032 Page 3
Many of the provisions to the UAGPPJA are similar to those in the Uniform Child Custody
Jurisdiction and Enforcement Act which were codified in Part II of chapter 61, F.S., in 2002.
Moreover, the purposes of the UAGPPA and the UCCJEA are similar. The purposes of the
UCCJEA include avoiding jurisdictional competition and conflict with courts of other states
regarding child custody matters and ensuring that that child custody cases are decided in the
most appropriate state.4
Orders Not to Resuscitate
Resuscitation may be withheld or withdrawn from a patient by certain enumerated medical
personnel when evidence of an order not to resuscitate is presented.
For an order not to resuscitate to be valid, it must:
 Be on the form adopted by the Department of Health, and
 Be signed by the patient’s physician or physician’s assistant and by the patient, or if the
patient is incapacitated, by the patient’s healthcare surrogate or proxy, court-appointed
guardian, or attorney in fact under a durable power of attorney.5
Initial Guardianship Plan
Under the provisions of guardianship law, an initial guardianship plan must include a list of any
preexisting orders not to resuscitate or preexisting advance directives, the date the order or
directive was signed, whether it has been suspended by the court, and a description of the steps
taken to identify and locate the order or directive. An initial guardianship plan continues in effect
until it is amended or replaced by the approval of an annual guardianship plan, until the ward’s
capacity is restored or the ward dies, or a minor ward reaches the age of 18 years.6
Annual Guardianship Plan
Each guardian of the person is required to file an annual guardianship plan with the court which
updates information about a ward’s condition. The annual guardianship plan for an adult ward,
like the initial guardianship plan, must also contain a list of any preexisting orders not to
resuscitate or preexisting advance directives, the date the order or directive was signed, whether
the order or directive has been suspended by the court, and a description of the steps taken to
identify and locate the preexisting order or directive.7
Powers of a Guardian Upon Court Approval
A plenary guardian or a limited guardian, after receiving court approval pursuant to a petition for
authorization to act, may sign an order not to resuscitate. When the guardian seeks court
approval to sign the order, if required by exigent circumstances, the court must hold a
preliminary hearing within 72 hours after the petition is filed and:
 Rule on the relief requested immediately after the preliminary hearing; or
4
Section 61.502, F.S.
5
Section 401.45, F.S.
6
Section 744.363, F.S.
7
Section 744.3675, F.S.
BILL: CS/CS/SB 1032 Page 4
 Conduct an evidentiary hearing not later than 4 days after the preliminary hearing and rule on
the relief requested immediately after the evidentiary hearing.8
III. Effect of Proposed Changes:
The Florida Guardianship Jurisdiction Act
Chapter 744, F.S., the guardianship chapter, is currently divided into eight parts. This bill creates
a new part in ch. 744, F.S., a part which creates 24 statutes.
Section 5 creates the new “Part IX” of chapter 744, F.S., titled the “Florida Guardianship
Jurisdiction Act.”
Section 6 provides the short title of the act which is the “Florida Guardianship Jurisdiction
Act.”(s. 744.74, F.S.)
Section 7 establishes the purpose and construction of the part. The section explains that the
purpose of the “part is to provide clear direction to the courts, attorneys, guardians, and
individuals about the proper jurisdiction for guardianship proceedings.” This act clarifies that it
is intended to supplement, but not replace, the current method for determining incapacity,
appointing guardians, managing estates, and other procedures as governed by the chapter. The
general purposes of this part are to:
 Avoid jurisdictional competition and conflict with courts of other states in matters of
guardianship.
 Establish procedures for transferring guardianship from one state to another state when the
incapacitated adult moves.
 Avoid relitigating the guardianship decisions of other states in this state.
 Discourage the use of the interstate system for continuing controversies over guardianship.
 Provide a uniform national system for registration and enforcement of out-of-state
guardianship orders. (s. 744.75, F.S.)
Section 8 defines 4 terms used in the act: adult, emergency, guardian, guardianship order,
guardianship proceeding, home state, incapacitated person, interested person, party, person,
respondent, significant-connection state, state, and ward. (s. 744.76, F.S.)
Key among these terms are the definitions of “home state” and “significant-connection state.”
When a court seeks to determine which state’s courts provide the most appropriate forum, these
two terms are decisive:
 “Home state” The home state is the state where the individual was physically present for at
least 6 consecutive months immediately before the filing of a petition for incapacity,
guardianship, or similar petition. This 6-month period also includes any time of temporary
absence. If no home state exists, then his or her home state is the state where he or she was
physically present, including any period of temporary absence, for at least 6 consecutive
months, ending within the 6 months immediately before the filing of the petition. This
definition also means that the home state’s jurisdiction to appoint a guardian or issue a
8
Section 744.441, F.S.
BILL: CS/CS/SB 1032 Page 5
protective order for someone continues for a period of up to 6 months after the person
relocates to another state.9
 A “significant-connection state” is a slightly broader concept than the home state. It means a
state, other than the home state, where the respondent has a significant connection other than
mere physical presence, and where substantial evidence concerning the respondent is
available.10
According to the notes drafted by the National Conference of Commissioner on Uniform State
Laws, a respondent in a guardianship proceeding will have only one single home state, but may
have several states that are determined to be significant-connection states.11
The other terms defined by the act include:
 “Respondent”, which means an adult who is an alleged incapacitated person or ward; and
 “State”, which means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular
possession subject to the jurisdiction of the United States.
Section 9 addresses how guardianship orders issued in other countries are applicable to this act.
The act requires a state court to treat a foreign country as though it were a state of the United
States for purposes of applying the part. (s. 774.77, F.S.) This provision is similar to how this
state’s courts are directed to treat child custody determinations made in a foreign country under
s. 61.506, F.S., part of this state’s Uniform Child Custody Jurisdiction and Enforcement Act
(UCCJEA).
Section 10 addresses communication between courts but does not specify a particular method
that must be used. A court in this state is authorized to communicate with a court in another state
when proceedings arise under this part. If the court so chooses to communicate with another
court, it must make a record of the communication. When communications are conducted
between the courts of different states, an interested person must be able to participate, either in
person, or by some remote means, and the interested person does not need to be a party to the
internal communications between the court clerks. (s. 744.78, F.S.) These procedures for
communications between courts are nearly identical to those authorized under s. 61.511, F.S.,
part of this state’s UCCJEA.
Section 11 recognizes that cooperation among the various courts is essential for this act to
succeed across multiple states. This section provides that a Florida court, in a guardianship
proceeding conducted in this state, may request the appropriate court of another state to do the
following:
 Hold a hearing.
 Order a person in the other state to produce evidence or give testimony pursuant to
procedures of that state.
9
National Conference of Commissioners on Uniform State Laws, Uniform Adult Guardianship and Protective Proceedings
Jurisdiction Act (2007), p. 2-3
https://www.uniformlaws.org/HigherLogic/System/DownloadDocumentFile.ashx?DocumentFileKey=669b547e-a76e-6532-
a13c-f97fd4f32d7f (last visited Feb. 5, 2022).
10
Id., at 3.
11
Id.
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 Order that an evaluation or assessment be made of the respondent.
 Order any appropriate investigation of a person involved in a proceeding.
 Forward to a court of this state a certified copy of the transcript or other records of a hearing
or any other proceeding, any evidence otherwise produced under the procedures of that state,
and any evaluation or assessment prepared in compliance with an order requiring an
evaluation or assessment or investigation involving a person in the proceeding.
 Issue any order necessary to assure the appearance in the proceeding of a person whose
presence is necessary for the court to make a determination, including the respondent or the
incapacitated or protected person.
 Issue an order authorizing the release of medical, financial, criminal, or other relevant
information in that state, including protected health information as defined in 45 C.F.R.
s. 160.103, F.S.
If a court of another state in which a guardianship proceeding is pending requests the kind of
assistance described above, a court of this state has jurisdiction for the limited purpose of
granting the request or making reasonable efforts to comply with the request. The language in the
bill does not describe how costs and expenses are to be assessed, but leaves the issue to be
determined by local law.12 (s. 744.79, F.S.) The procedures authorized by this section are similar
to those in s. 61.513, F.S., part of this state’s UCCJEA.
Section 12 provides for the taking of testimony in another state. If all the parties agree, a court in
this state may permit a witness in another state to be deposed or testify by phone, audiovisual, or
other electronic means.
When documentary evidence is transmitted from another state to a court of this st