April 17

Florida Probate Rules Committee Vulnerable Adult Rule

Florida Beach Sunset

The Florida Probate Rules Committee was tasked with the creation of forms for Florida’s law that protects vulnerable adults from exploitation. Section 825.1035 now permits an injunction to protect our state’s most vulnerable residents from various types of exploitation. The statute offers a civil remedy to stop financial or physical abuse by freezing financial accounts and allowing for an injunction to keep the exploiter away from the vulnerable adult. Although the statute initially provided a form, the Florida Supreme Court asked the rules committees to develop a standard form for use throughout the state.

April 17

Florida Probate Rules Updated to Recognize Electronic Wills and Notarization

Florida Electronic Notarization

On January 16, 2020, The Florida Supreme Court approved amendments to The Florida Probate Rules. These were “fast-track” amendments based upon changes to The Florida Statutes during the 2019 legislative session. For probate and guardianship attorneys, the big change is the recognition of electronic notarization which became effective January 1, 2020 and the recognition of electronic wills, effective July 1, 2020.