(1) The public guardian shall keep and maintain proper financial, case control, and statistical records on all matters in which the public guardian serves as guardian.
(2) No report or disclosure of the ward’s personal and medical records shall be made, except as authorized by law.
(3) A public guardian shall file an annual report on the operations of the office of public guardian, in writing, by September 1 for the preceding fiscal year with the Office of Public and Professional Guardians, which shall have responsibility for supervision of the operations of the office of public guardian.
(4) Within 6 months of his or her appointment as guardian of a ward, the public guardian shall submit to the clerk of the court for placement in the ward’s guardianship file and to the executive director of the Office of Public and Professional Guardians a report on his or her efforts to locate a family member or friend, other person, bank, or corporation to act as guardian of the ward and a report on the ward’s potential to be restored to capacity.
(5)(a) Each office of public guardian shall undergo an independent audit by a qualified certified public accountant at least once every 2 years. A copy of the audit report shall be submitted to the Office of Public and Professional Guardians.
(b) In addition to regular monitoring activities, the Office of Public and Professional Guardians shall conduct an investigation into the practices of each office of public guardian related to the managing of each ward’s personal affairs and property. If feasible, the investigation shall be conducted in conjunction with the financial audit of each office of public guardian under paragraph (a).
(6) A public guardian shall ensure that each of the guardian’s wards is personally visited by the public guardian or by one of the guardian’s professional staff at least once each calendar quarter. During this personal visit, the public guardian or the professional staff person shall assess:
(a) The ward’s physical appearance and condition.
(b) The appropriateness of the ward’s current living situation.
(c) The need for any additional services and the necessity for continuation of existing services, taking into consideration all aspects of social, psychological, educational, direct service, health, and personal care needs.
(7) The ratio for professional staff to wards shall be 1 professional to 40 wards. The Office of Public and Professional Guardians may increase or decrease the ratio after consultation with the local public guardian and the chief judge of the circuit court. The basis for the decision to increase or decrease the prescribed ratio must be included in the annual report to the secretary.
History.—s. 1, ch. 86-120; s. 103, ch. 89-96; s. 17, ch. 96-354; s. 1791, ch. 97-102; s. 8, ch. 99-277; s. 127, ch. 2001-266; s. 27, ch. 2006-178; s. 159, ch. 2010-102; s. 20, ch. 2016-40.
Note.—Former s. 744.708.
Structure Florida Statutes
Title XLIII - Domestic Relations
Part II - Public and Professional Guardians (Ss. 744.2001-744.2112)
744.2001 - Office of Public and Professional Guardians.
744.2002 - Professional guardian registration.
744.2004 - Complaints; disciplinary proceedings; penalties; enforcement.
744.20041 - Grounds for discipline; penalties; enforcement.
744.2005 - Order of appointment.
744.2006 - Office of Public and Professional Guardians; appointment, notification.
744.2008 - Costs of public guardian.
744.2009 - Preparation of budget.
744.2101 - Procedures and rules.
744.2103 - Reports and standards.
744.21031 - Public records exemption.
744.2104 - Access to records by the Office of Public and Professional Guardians; confidentiality.
744.2106 - Joining Forces for Public Guardianship grant program; purpose.
744.2107 - Program administration; duties of the Office of Public and Professional Guardians.
744.2109 - Grant application requirements; review criteria; awards process.