A guardian is someone appointed by the court to make decisions on behalf of someone who is incapacitated. Judges will only award these powers in situations where they are absolutely necessary, given that people give up substantial rights and freedoms when a guardian acts on their behalf.
If you believe your loved one is unable to care for themselves, guardianship could be the answer. Our experienced guardianship attorneys can help you understand the qualifications and guide you through the complex process. Before you attempt to navigate these challenges alone, discuss your options with a Coral Way plenary guardianship lawyer.
How Do You Establish Incapacity in Coral Way?
If you are concerned about the mental capacity of an adult in your life, you have the power to petition the court to request appointment as their guardian. However, there are legal steps you must take before a judge will agree to allow you to manage someone else’s affairs.
To begin this process, your Coral Way plenary guardianship attorney must submit a petition to the court. This document should spell out the reasons why the person in question is no longer able to care for themselves.
The judge will not make a decision right away. Instead, they would appoint a panel of three experts to examine the individual and make recommendations on whether or not guardianship is necessary. At least one of those experts must be a physician.
These recommendations are not binding, but the judge overseeing the case will take them into account. The person who is allegedly in need of a guardian also has the right to hire an attorney and be heard during this process. The judge will ultimately decide whether to grant or deny the petition.
Voluntary Guardianship
In most of these cases, guardianship is awarded after a concerned friend or family member files a petition with the court. That said, there are times when an individual recognizes that they need help or will soon be unable to manage their own affairs. In that situation, they have the power to voluntarily petition for the appointment of a guardian.
This approach is only appropriate in limited scenarios. If the person in question has already lost their capacity to make decisions for themselves, they can no longer voluntarily request guardianship protection. The courts will generally require a letter from a person’s doctor attesting to the fact that they understand they will lose certain rights once a guardian is appointed.
The Powers of a Plenary Guardian
The authority of a plenary guardian can vary dramatically from one situation to another. In general, the court will only entrust guardians with specific powers when an individual can no longer handle that task on their own. This flexible approach is intended to let an adult retain as many of their rights as possible. Some of the rights that could be awarded include the following:
- Applying for government benefits
- Entering contracts
- Managing investments
- Deciding on a place to live
- Consenting to medical care
There are some limits in these cases that are always in place. For example, the guardian cannot terminate a person’s marriage without going through the traditional divorce process. If you have questions about these rights, reach out to a Coral Way plenary guardianship attorney right away.
Talk to a Plenary Guardianship Attorney in Coral Way Today
Guardianship is an important issue, and the courts will not award these powers without considering all the facts. At The Florida Probate & Family Law Firm, we understand how to navigate this system and pursue the best options for you and your loved ones. Call a Coral Way plenary guardianship lawyer today to learn more.