Guardianship is a complicated subject for everyone involved. For families, one of the hardest parts is knowing who should receive information about a loved one and who should be allowed to maintain contact.
Florida lawmakers have considered changes to the state’s guardianship laws in 2026. House Bill 1099, titled the “Guardianship” bill, proposed new requirements involving notice, visitation, contact with family and friends, and changes to a ward’s living arrangements.
But HB 1099 did not become law.
The bill died in the House Civil Justice & Claims Subcommittee on March 13, 2026. A similar Senate proposal, SB 1088, also died that day in the Senate Judiciary Committee.
So what would HB 1099 have changed, and what does its failure mean for Florida families dealing with guardianship today?
What Would HB 1099 Have Changed?
One of the bill’s biggest goals was to make certain relationships and communication rights more defined as part of the guardianship administration process.
Under the proposal, an order appointing a guardian could identify people entitled to receive notice if an incapacitated person was transferred to a medical facility. The order could also identify people entitled to visit the incapacitated person.
The proposed language stated that identifying certain people in the order would not limit other people who may be entitled to visit the ward.
Remember, guardianship does not automatically mean a person loses every relationship in their life. Florida’s existing guardianship law knows the importance of allowing individuals under guardianship to participate in decisions and maintain their rights to the greatest extent possible.
The Proposal Would Have Addressed Contact with Family and Friends
HB 1099 had proposed changes to a guardian’s responsibilities concerning a ward’s relationships. For an adult ward, the proposed law would have limited a guardian’s ability to restrict contact with a specific person.
This would have happened when the guardian had good cause to believe the interaction created a risk of physical, psychological, or financial harm to the ward.
The proposal also established time limits for certain restrictions. A restriction involving a person with a familial or preexisting social relationship could last no more than seven business days unless authorized by a specific court order.
Different rules were proposed for people who did not have a family or preexisting social relationship with the ward.
What About Moving a Ward?
Another proposed change involved residential placement. HB 1099 would have required a guardian to give an adult ward at least 14 days’ notice before changing the ward’s residential setting when the new setting would be more restrictive than the current one.
There was an exception when the change was already authorized by the guardianship plan or a court order.
What Are the Rules Right Now?
Since HB 1099 and SB 1088 did not pass, those proposed requirements did not become part of Florida law.
But that does not mean Florida guardians have unlimited discretion over a ward’s relationships or that families have no rights. Florida’s existing guardianship statutes impose duties on guardians. The laws recognize the importance of protecting the ward’s rights and allowing the ward to participate as fully as possible in decisions affecting their life.
The important point is that the proposed HB 1099 changes should not be treated as current law.
This Proposal That Could Return
While HB 1099 may have died in 2026, the issues it attempted to address are not going away.
Questions about who receives information, who can visit a ward, when contact can be restricted, and how much notice a person should receive before a residential change are personal. They can become especially difficult when family members disagree about what’s best for a vulnerable loved one.
For now, Florida families should be careful about articles or social media posts suggesting that HB 1099 created new visitation or notice rights in 2026. It didn’t.
However, this could change in a future legislative session. Until then, families dealing with a Florida guardianship should reach out to Niebla Probate Firm when questions about notice, visitation, or a ward’s rights come up. Schedule a consultation with us today to discuss your concerns.
