When an adult can no longer make sound decisions about daily life choices, such as living arrangements, finances, or medical care, or they become totally incapacitated, the law provides for someone to step in to make decisions for the person. These guardians are generally necessary if the person who needs one did not adopt a power of attorney or advance directive.
Creating guardianships also keeps vulnerable adults safe from predators. The judge scrutinizes guardianship cases closely to make sure the adult’s best interests are met. If you would like to learn more about how this legal protection can work for your family, call a Florida adult guardianship lawyer today.
Two Kinds of Adult Guardianships in Florida
Florida recognizes limited and plenary adult guardianships. Limited guardianships protect wards (persons who are overseen by guardians) when they can perform some, but not all, relevant activities necessary to care for themselves, their assets, and make sound medical decisions.
Plenary guardianships are set up for wards who are incapacitated, which must be proven to the court. A guardian is appointed to assume all legal rights and duties the adult ward would have if they were not incapacitated.
Benefits of Guardianship for an Adult
Guardians are usually trusted family members or friends, although a non-relative can be a guardian it is more difficult for a non-relative to be appointed guardian because they must prove they are caring for the ward full-time. People seeking guardianship must convince the judge that they understand the breadth of responsibility and can make sound decisions for the ward. Some benefits of guardianship include:
- A ward who is concerned about giving legal control usually feels better knowing a trusted family member or friend is helping them;
- Loved ones are comforted to know the incapacitated ward has someone making rational decisions for them;
- A guardian has authority to interact with those who would not be able to share information about the ward, such as physicians and bank representatives;
- A guardian steps into the shoes of the ward to seek legal judgments on their behalf, like by suing a disreputable contractor or stopping an incapacitated ward from marrying someone seeking their money.
The procedure involves documentation and court hearings. A Florida lawyer can be a caring ally who understands what the judge needs to see to grant an adult guardianship request.
The Guardianship Process
The formal request to establish adult guardianship is heard by a judge and the applicant must prove how their loved one has become too incapacitated to make critical life decisions. Evidence can come from the prospective ward’s physicians who can attest to the ward’s physical and mental frailties, other family members who have observed and can attest to the person’s decline, and others whose statements confirm the decline.
The ward and family members can also file their own paperwork contesting the guardianship, which could expose a relative trying to exploit a family member who is not incapacitated. A standby guardian can also be chosen if the first one becomes incapacitated or dies.
A mandatory court date will be set, and the judge will question interested parties and determine whether guardianship is in the ward’s best interest. Our adult guardianship lawyers in Florida have extensive experience handling this delicate matter and can ensure the most beneficial outcome.
Call a Florida Adult Guardianship Attorney to Protect Your Loved One Today
When your loved one begins neglecting their responsibilities and possibly putting themselves in a dangerous position medically, financially, or in their everyday care, it may be time to step in and consider guardianship. This legal maneuver ensures someone responsible, such as a relative, dear friend, or other caregiver, watches over them and makes crucial decisions on their behalf.
The Florida Probate & Family Law Firm can guide families through the guardianship process or, alternately, provide the advance directives and powers of attorney the person can rely on before their incapacitation. Call a Florida adult guardianship lawyer today for your free case evaluation.