When a person cannot manage their own affairs due to their age, illness, or mental disability, a court may appoint a guardian and specify what decisions they may make on the individual’s behalf.
If you are concerned about a loved one’s ability to make or communicate choices for themselves, speak with a Florida guardianship lawyer. When this is the most suitable option, a dedicated attorney can explain the process and help you every step of the way.
Types of Guardianship
An individual with an appointed guardian is called a ward and guardianship restricts the ward’s rights to make certain decisions. Because of this, courts are reluctant to impose this measure unless there is no other choice. When they appoint a guardian, they give that person the authority to make choices that the ward clearly cannot make themselves.
There are three types of guardianships: a guardianship of the person, a guardianship of the property, and a guardianship of the person and property. A guardian of the person can make healthcare decisions, determine where the ward should live and with whom, and manage their social contacts. Meanwhile, a guardian of the property manages the ward’s money, pays their bills, and can sell their property if necessary to provide for them. In addition, the court may allow authority over decisions related to the ward and their property, known as plenary guardianship. There are alternatives to guardianship, but they are only helpful if a person believes they may become incapacitated.
Certain elder planning tools can remove the need for a guardian, including:
- Powers of attorney;
- Healthcare surrogates;
- Living wills (if one exists).
Speak with a Florida guardianship attorney today about whether these options may be appropriate in a specific case.
Obligations of a Guardian
According to Florida Statute § 744.309, guardians must be over 18 and a resident of the state, but those out-of-state can assume this role if they have a family relationship with the ward. However, a person is not eligible if they have certain criminal convictions, especially a felony.
A guardian must faithfully manage the court-assigned tasks, staying in touch with the ward and caregivers in cases where they cannot communicate. Similarly, a guardian has a fiduciary duty to the ward, meaning they must make the decisions that best serve the individual rather than the easiest, most convenient, or most profitable choice.
Additionally, guardians are under the legal supervision of the court. They must submit periodic written reports and may have to appear at hearings concerning the ward’s welfare. The first report is due within 60 days of the appointment and must describe a guardianship plan. A Florida lawyer can explain a guardian’s legal rights and obligations to help them develop a plan.
Establishing a Guardianship for an Adult
Two procedures exist when establishing adult guardianship: Voluntary and involuntary.
Voluntary Guardianship
Sometimes, people notice they are having trouble managing specific aspects of their lives or receive a diagnosis that signals cognitive decline. In these cases, their loved ones may convince them they need help managing their property.
When someone seeks voluntary guardianship, they submit a petition to the court asking the Judge to appoint a specific person as the guardian of their property. The proposed ward must be mentally competent to consent to voluntary guardianship. In addition, the ward must submit a letter from their doctor affirming that they understand the implications of accepting a guardian.
Involuntary Guardianship
An involuntary guardianship requires a court to find the proposed ward legally incapacitated. Anyone over 18 can petition for an adult’s need for a guardian due to the inability to manage their affairs.
When the court receives a petition for involuntary guardianship, the Judge appoints three professionals, one of whom must be a medical doctor or psychiatrist, to meet with the proposed ward. Each committee member conducts an interview and reports their findings to the Judge. The Judge then relies on these reports to determine whether the ward requires a guardian and, if so, what responsibilities they should assume. A Florida lawyer can handle all aspects of setting up the guardianship so nothing is missed or questioned.
Consult with a Florida Attorney About Guardianship Today
Reach out to The Florida Probate & Family Law Firm if you are considering whether you or someone you love needs a guardian. One of our knowledgeable Florida guardianship lawyers can discuss your situation and evaluate the legal alternatives.
Case evaluations are free, so you have nothing to lose by exploring your legal options. Reach out to us today to learn more.
