The purpose of a guardianship is to protect the legal rights of an adult who can no longer make decisions on their own. This is a big responsibility, and the courts carefully evaluate guardians to ensure they are acting in the best interest of their ward.
If you have questions about the duties of a guardian in Florida, a compassionate guardianship lawyer is here to help. This role puts you in a position of power over a vulnerable person’s rights, so it is vital that you take careful steps to protect their interests. These obligations vary depending on whether you have been granted guardianship over a person, their finances, or a combination of the two.
Every Guardianship Order is Different
First and foremost, it is important to understand that in Florida, the duties of a guardian differ from one case to another. The courts have leeway when it comes to determining what powers a guardian will have. What’s more, judges are required to create a guardianship that is as limited in scope as possible. This allows a ward to retain independent wherever possible.
There are two different types of guardianships, and the obligations that come with each option differ. Guardianship of the person empowers someone to make decisions about a person’s health and well-being, while guardians of property see to their assets and income.
Duties Over a Ward’s Property
Some guardianships are awarded by the court when a person can no longer make important financial decisions or manage their own assets. To avoid the potential for fraud or misuse, judges may appoint a guardian of the property to handle these issues on behalf of their ward.
The first duty for this type of guardianship involves locating all of the ward’s assets. A full inventory is necessary to ensure the right decisions are made. This process can also help identify any past acts of fraud or misuse. Once the property is located, it is the role of the guardian to protect and preserve the ward’s life savings.
A major part of the duties of a Florida guardian involves upkeep. If the ward owns property, there is insurance and maintenance that must be addressed. Some of these actions can be taken without the consent of the court, particularly paying any debts or obligations on behalf of the ward.
There is also a lot of paperwork throughout this process. As soon as the guardian takes any property, they must file an initial guardianship report that lists all of the assets. Reports have to be filed for the length of the guardianship.
Obligations of a Guardian of the Person
When it comes to guardianship of a person, the duties are different. In general, the court will give the guardian specific rights that they are able to exercise within their discretion. This could include anything from medical decisions to housing options.
If the court does not highlight specific obligations as not requiring court approval, guardians will need to petition the judge before they act. This usually includes things like committing the ward to a facility or terminating their parental rights.
Talk to a Lawyer in Florida About Your Duties as a Guardian
If you have been appointed guardian, it is crucial that you understand your duties as set out by the court order. The terms will clearly lay out what is expected of you and whether or not you need court approval to act.
Still have questions about the duties of a guardian in Florida? The Florida Probate & Family Law Firm is here to help, so reach out right away for your free case evaluation.