access the database to determine a guardian ’ s disciplinary history and the number of wards served by a guardian . 10 Pinellas County now requires a guardian to disclose how many guardianships he or she is handling when applying to be a guardian for a new guardianship . The National Guardian Association has also amended Standard 23 which provides guidelines for limiting the number of cases a guardian handles . 11
Third , the fact that Ms . Fierle was being paid by healthcare facilities for placing wards in their facilities gave rise to Florida legislation prohibiting certain practices as conflicts of interest . Now , “ a guardian may not offer , pay , solicit , or receive a commission , benefit , bonus rebate , or kickback , directly or indirectly , overtly or covertly , in cash or in kind , or engage in a split-fee arrangement in return for referring , soliciting , or engaging in a transaction for goods or services on behalf of an alleged incapacitated person or minor , or a ward , for past or present goods or services .” 12
It has been my experience that most professional guardians are conscientious people who are trying to make sure that their wards are given the treatment and care that they need . The Fierle case was an aberration that hopefully will not be repeated .
William D . Slicker served as a law clerk to the Honorable Steven H . Grimes at Florida ’ s Second District Court of Appeal and as a law clerk to the Honorable Warren H . Cobb at Florida ’ s Fifth District Court of Appeal . He has received the Florida Bar President ’ s Pro Bono Award for the Sixth Circuit , Ms . JD Incredible Men Award , the St . Petersburg Bar Foundation ’ s Heroes Among Us Award , the Community Law Program Volunteer of the Year Award , and the Florida Coalition Against Domestic Violence Lighting the Way Award .
1 . Rebecca Fierle , disgraced Orlando guardian , https :// orlandosentinel . com / news / florida / guardians / os-neorlando-guardian-rebecca-fierle-arrest-20200211
2 . Supra 3 . Supra 4 . Sec . 744.441 ( 2 ), Fla . Stat . 5 . Fla . Prob . R . 5.630 6 . Sec . 744.441 ( 2 ), Fla . Stat .
7 . https :// www . jud6 . org / legalcommunity PracticeRequirements / Circuit / Campbell CampbellPracticePreferencesProbate2021Edit061421 . pdf
8 . How Orlando ’ s Guardianship Scandal Shaped New Oversight . Https :// floridagoodfriday . com / how-orlandguardians-scanalshaped-new-oversight-process-for-dnrs
9 . Sec . 744.4431 , Fla . Stat . 10 . Sec . 744.2112 , Fla . Stat .
11 . National Guardianship Association Standard 23 . https :// www . guardianship . org
12 . Sec . 744.446 , Fla . Stat .
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