2. WHAT DO EXPECT FOR THE 2020 LEGISLATIVE SESSION:
a. Early Start Means Early Action Needed. With a January-March 2020 Florida legislative session slated, early action is needed in June and July to prepare for the next round.
b. Slayer Statute for Exploiters. The proposed legislation which would bar exploiters of seniors and vulnerable adults from inheriting.
c. Exploitation Injunction Glitch Bill. Of particular concern is that the current statute does not expressly identify an agent under a DPOA as having the authority to file for injunctive relief for the vulnerable adult.
d. Change in Definition of Joint Annuitant to Include Disabled Child’s d4a Trust. Stay tuned, as new ELS-backed legislation may be coming on this.
3. TRAVIS FINCHUM REPORT ON RPPTL CONFERENCE AT OPAL SANDS, JUNE 2019:
a. RPPTL will have 2 new matters to propose this next legislative session – IRA’s for ex-spouses clarifying that IRAs are exempt from creditors if transferred per divorce. And an amendment to the Notice of Administration adding into NOA that recipient may be waiving right to contest a trust if terms of trust is within will.
b. RPPTL will not push the rewrite of 745 this session and wants to work with ELS first to address any of their concerns and then get with other stakeholders like Florida State Guardianship Association (“FSGA”), the Clerks, and private groups.
c. RPPTL was complimentary of ELS/AFELA/Task Force efforts to protect vulnerable adults in connection with the passage of the final version of HB/CS/CS 409, on E-Wills.
4. AMICUS BRIEF FILED ON BEHALF OF AFELA:
AFELA filed an Amicus Brief, coordinated through Task Force, in an appeal to 5th DCA in Joan Newell vs. Department of Children and Families (Case No. 5D18-3084), supporting DCF’s position that a Medicaid applicant’s conversion of cash into a security offered by Coastal Income Properties-Zachary Taylor, LLC, the fair market value of which could not be established on the open or secondary market, should result in imposition of a penalty against applicant’s eligibility for Medicaid benefits.
5. ELDERCARE COORDINATION/ELDERCARE MEDIATION:
The Supreme Court Committee on ADR Rules and Policy is expected to propose eldercaring coordination legislation. A proposal is set to be submitted to the Office of Legislative Affairs of the Office of the State Courts Administrator by the end of July in order to request that the Florida Supreme Court put this legislation on its 2020 legislative agenda.
Our Task Force paid lobbyist, Brian Jogerst, really outdid himself this past session, with his determined and effective representation and lobbying. The Elder Law Bar is an increasingly respected resource by legislators and their staffs concerning issues impacting our elderly and disabled clients. Working with the Legislative Committee of the Elder Law Section, Task Force members gave their volunteer time and dollars to advocate for this year’s legislative priorities. Their appearances before legislative committees, often scheduled only a few days in advance, was critical to our success.
Our lobbyist’s fees and expenses are paid from your generous contributions to the Task Force. We could not achieve the success we have had in Tallahassee without your continuing support.