There are times in the life of some adults when it is no longer feasible for them to make important decisions on their own. They might be completely incapacitated due to an injury or illness, or lack the capacity to reason through important choices related to their medical care, finances, or living arrangements.
Florida law allows individuals known as guardians to step in and help adults who are in a position where they cannot take care of themselves. A dedicated guardianship attorney can evaluate a situation to determine if an adult needs someone to manage their affairs for them. Our Coral Way adult guardianship lawyer can lead you through this important process.
Types of Adult Guardianship
There are two primary types of guardianships for adults under Florida law, known as limited and plenary guardians. Limited guardianship allows wards to act on their own while being overseen by a guardian who can assist or step in when needed.
Plenary guardianship is far-reaching, as it is designed for individuals who are entirely incapacitated. Once the court grants the petition, the guardian assumes every legal right from the adult ward.
The Guardian’s Role
Each ward is their own person with a unique set of challenges and needs. Some are entirely capacitated, requiring help in every aspect of their life. Other wards may be able to manage some decisions well, but struggle with others.
Under the law, guardians only have the powers that are specifically granted to them by the courts. This means a ward will retain these rights until the point where the court intervenes. For example, the court might give a guardian the power to make financial investments or sign contracts on behalf of the ward while leaving the ability to make housing decisions to the individual.
The specific role of a guardian differs from one case to another. Often, they are empowered to make major choices related to issues like healthcare or the sale of property. A Coral Way attorney can assist an adult guardian with preparing for these transactions.
Establishing Guardianship for an Adult
A person cannot become a guardian without court approval. This process begins by filing a petition with the court that offers evidence that the proposed ward is incapable of making crucial life decisions. The evidence can include witness statements from family or friends, as well as medical records.
This has the potential to be a contested process, as both the ward and their family members are entitled to challenge the petition for guardianship. They might argue that it is unnecessary, or make the case that someone else is better suited for the role.
A court date will be set after all of the required parties receive notice of the petition. At the hearing, the judge will listen to both sides. A Coral Way attorney can make the strongest case possible fur adult guardianship at these proceedings.
Talk to an Adult Guardianship Attorney in Coral Way Today
If you believe your loved one can no longer care for themselves, petitioning to serve as their guardian is a natural next step. This process can be challenging, as the courts will not strip someone of their autonomy without good reason. Reach out to our Coral Way adult guardianship lawyers today for a free case evaluation. The Florida Probate & Family Law Firm can answer your questions and guide you forward.