From Florida Daily:
I wouldn't count on getting really good compliance if this is passed.
Three members of the Florida delegation are championing a proposal to have state courts notify the federal government when guardians are removed in order to keep them from collecting Social Security benefits.
At the end of last week, U.S. Rep. Charlie Crist, D-Fla., introduced the “Senior Guardianship Social Security Protection Act” which will direct “state courts to notify the Social Security Administration (SSA) when a court-appointed guardian is removed for cause, so they can be blocked from collecting Social Security benefits on behalf of the seniors under their care."
Two other members of the Florida delegation–Republican U.S. Rep. Gus Bilirakis and Democrat U.S. Rep. Darren Soto–are cosponsoring the proposal. ...
There seems like there will become an immediate clash of state-vs fed jurisdictions. Even if the state removes the guardian, SSA will still have to give due process and complete a suitability determination.
ReplyDeleteMakes perfect sense. Florida will just be notifying SSA that action needs to be taken, which it would, and then it's up to SSA to follow through. Obviously FL cant force the SSA to act.
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