Florida Plenary Guardianship Lawyer

Tragic events sometimes leave an adult unable to care for themselves or communicate their wishes. Age can also interfere with someone’s cognitive functioning, leading to potentially dangerous or exploitative situations.

When an adult cannot manage their affairs, a court could appoint a guardian for them who has the legal authority to manage specific aspects of a person’s life. When a court grants a guardian the authority to manage all aspects of another person’s life, they are called a plenary guardian.

A Florida plenary guardianship lawyer can help you establish guardianship, advise on how to wield your authority as a guardian, or even assist someone fighting against a proceeding to appoint a guardian for them.

Guardianship as a Last Resort

Guardianship deprives a person of some or all of their rights, which means courts are reluctant to appoint one unless there is evidence the person’s condition puts them in harm’s way. Making illogical or unwise decisions is not sufficient to merit guardianship.

People who plan ahead can avoid the possibility of guardianship by giving someone they trust their power of attorney to manage their financial affairs if they become incapacitated. They could also appoint someone to make healthcare decisions for them if they become incapacitated by completing a healthcare proxy. A Florida attorney works with a person to complete these documents and avoid a plenary guardianship proceeding.

However, when someone (known as a ward) becomes incapacitated without those documents, a guardian may be necessary. Courts take care to assess what sort of help the ward requires and gives the guardian authority over only those matters. Some guardians only have authority over the ward’s finances and other guardians only have authority over healthcare and personal decisions. Plenary guardians have authority over both.

Procedure to Establish a Plenary Guardianship

There are two procedures to establish a guardianship, and they differ depending on whether the guardianship is voluntary or involuntary.

When someone realizes they need help or expect to need help soon, they can voluntarily petition the court asking for the appointment of a guardian. They usually have someone in mind to be their guardian, often an adult child, spouse, or other family member. The petition must include a letter from the petitioner’s doctor stating that the person understands they will lose their rights under guardianship and have the capacity to consent.

Florida Statute § 744.3201 allows any adult to bring a petition to have someone declared incapacitated involuntarily. A Florida attorney will help prepare the petition, which must contain detailed information about the person’s alleged incapacity. The court will appoint three experts, one of whom must be a doctor, to examine the person and make recommendations. The court will consider the recommendations when deciding whether to appoint a guardian.

Authority of a Plenary Guardian

The plenary guardian has a fiduciary obligation to the ward. All their decisions must be made for the ward’s benefit, not for anyone else’s, including the guardian’s. Plenary guardians have broad authority to take actions on the ward’s behalf, including:

• Entering into contracts;
• Deciding where the ward should live;
• Consenting to or refusing medical treatment;
• Managing the ward’s investments;
• Applying for government benefits.

If a guardian believes it is necessary, a ward could lose the right to vote, marry, have a driver’s license, or take a job.

There are some limits on a plenary guardian’s authority. For example, a guardian cannot force a ward to get a divorce or commit them to a licensed facility without going through the formal placement process. When a plenary guardian in Florida believes the ward would benefit from an action that exceeds their authority, the guardian can ask the court for permission, a request that a trained lawyer may assist with.

Contact a Florida Attorney for Answers to Questions About Plenary Guardianship Today

Plenary guardianship is a big responsibility, and having a plenary guardian appointed for you can mean a loss of important rights. Whether you are assuming guardianship over someone or are the subject of guardianship proceedings, a Florida plenary guardianship lawyer helps you keep everything running smoothly.

The attorneys at The Florida Probate & Family Law Firm have extensive experience in guardianship matters. Reach out today to schedule a free case evaluation and discuss your needs.