Senate Bill 1088 (2026) — Guardianship
SB 1088
Florida Bills
Florida Senate - 2026 SB By Senator Jones 34-00166-26 20261088__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to guardianship; amending s. 744.361, 2 F.S.; prohibiting a guardian from restricting the ability of an adult ward to maintain contact with a person except under certain circumstances; requiring a guardian to provide a ward with notice of a change in residential setting under certain circumstances; 7 providing an exception; requiring a guardian to provide notice to any person identified in an initial guardianship plan; amending s. 744.363, F.S.; 10 requiring that an initial guardianship plan identify the persons entitled to certain information; requiring that an initial guardianship plan for an incapacitated person identify persons entitled to certain notice and to visit the incapacitated person; providing construction; providing an effective date. 16
Be It Enacted by the Legislature of the State of Florida: 18
Section 1. Paragraphs
(
b) and
(
h) of subsection (13) of
section 744.361, Florida Statutes, are amended, and paragraph 21
(
k) is added to that subsection, to read: 22 744.361 Powers and duties of guardian.— 23
(13) Recognizing that every individual has unique needs and abilities, a guardian who is given authority over a ward’s person shall, as appropriate under the circumstances: 26
(
b) Allow the ward to maintain contact with family and friends. If the ward is a minor, the guardian may restrict the ability of the ward to maintain any contact that the guardian Florida Senate - 2026 SB 1088 34-00166-26 20261088__ CODING: Words stricken are deletions; words underlined are additions. believes may cause harm to the ward.
If the ward is an adult, 30 the guardian may not restrict the ability of the ward to maintain contact with a specified person unless the guardian has good cause to believe that interaction with the person poses a risk of significant physical, psychological, or financial harm to the ward and the restriction is: 35 1. For no more than business days, if the person has a family or preexisting social relationship with the ward; 37 2. For no more than days, if the person does not have a family or preexisting social relationship with the ward; or 39 3.
Authorized by specific order of the court unless the guardian believes that such contact may cause harm to the ward. 41
(
h) Evaluate the ward’s medical and health care options, 42 financial resources, and desires when making residential decisions that are best suited for the current needs of the ward. The guardian must provide the ward with notice of a change in residential setting at least days before the change occurs if the new residential setting will be more restrictive than the current residential setting. Such notice is not required if the change in residential setting is authorized by the guardianship plan or a court order. 50
(
k) Provide appropriate notice to any person identified in an initial guardianship plan pursuant to s. 744.363(1)(h). 52
Section 2. Paragraph
(
h) is added to subsection (1) of
section 744.363, Florida Statutes, to read: 54 744.363 Initial guardianship plan.— 55
(1) The initial guardianship plan shall include all of the following: 57
(
h) Identification of all of the following persons: 58 Florida Senate - 2026 SB 1088 34-00166-26 20261088__ CODING: Words stricken are deletions; words underlined are additions. 1. The persons entitled to receive notice of the following information, when such information is known or can be reasonably ascertained by the guardian: 61 a. The incapacitated person’s death. 62 b. The intended disposition of the remains of the decedent. 63 c. The funeral arrangements for the decedent. 64 d. The final resting place of the decedent. 65 2. If the ward is incapacitated: 66 a.
The persons entitled to notice of the incapacitated person’s transfer to a medical facility. 68 b. The persons entitled to visit the incapacitated person. 69 However, the identification of such persons in the plan does not limit the persons entitled to visit the incapacitated person. 71