People sometimes lose the ability to make decisions for themselves or communicate their preferences. Their incapacity might be the result of an accident, a medical crisis, or aging.
When people do not have the capacity to care for themselves, the court may appoint a guardian. However, guardianship takes away rights, so courts take steps to limit a guardian’s authority and preserve as many of the incapacitated person’s rights as possible. When the person retains the ability to make and carry out some decisions, a court might appoint a guardian with limited powers.
When you are concerned about a loved one’s decisions and ability to care for themselves, consider limited guardianship in Florida. Our local guardianship attorneys could explain the risks and benefits of this form of guardianship.
Procedure to Establish a Limited Guardianship
When family members, loved ones, or other interested parties are concerned that an adult is not able to care for themselves properly, they can petition the court to appoint a guardian for them. The person who would be getting a guardian has the right to be informed of the petition and may object to it. They are entitled to a court-appointed lawyer if they do not have an attorney.
When the allegedly incapacitated person objects to guardianship, the court appoints a panel of experts to examine them. The panel members are professionals with expertise in relevant disciplines like gerontology, psychiatry, or clinical social work. Each panel member interviews the proposed ward and submits a report to the court.
The judge reviews the reports and uses them to decide whether to appoint a guardian. If all three find the person capable, then a guardian will not be appointed. When all three agree that the person does not have the capacity to care for themselves, the court might appoint a guardian to handle all their affairs. However, if there is disagreement between the experts, or they believe the Florida resident can handle some of their affairs and not others, the court might decide on a limited guardianship.
Different Types of Limited Guardianship
The person who receives a guardian is called the ward, and when a guardian is appointed, the ward loses some of their rights. The policy in Florida is for a guardian to have authority only over the tasks and decisions the ward cannot manage. The ward must retain as much independence as possible. This often leads to limited guardianship, where the guardian has the power to handle only specific tasks the court authorizes.
Guardian of the Property
A guardian of the property handles the ward’s money. They have the right to apply for public benefits for the ward, have access to their bank accounts, manage their investments, and pay their bills.
Guardian of the Person
The guardian of the person can decide where the ward should live, which doctors they see, and what they do socially. The guardian of the person can make healthcare decisions for the ward.
Contact a Florida Attorney About Limited Guardianship Today
People sometimes lose their cognitive functioning or ability to communicate because of an event like a car accident or stroke. Others gradually need more help managing their affairs as they age. Limited guardianship in Florida is often the answer.
The lawyers at The Florida Probate & Family Law Firm have deep experience navigating guardianship issues and can help your family figure out the right decision. Reach out to us now to schedule a free case evaluation.