Sometimes an adult loses the capacity to make decisions and handle their own affairs. They may have an accident that causes a head injury, develop a mental illness, or experience cognitive decline related to aging. The law offers a way to appoint a guardian for adults, but courts are careful about doing so. Imposing a guardian takes rights away from the subject of guardianship, who is thereby called the ward. Judges want to be sure a guardian is necessary before appointing one.
If you know an adult who needs a guardian, or if you are concerned about your own health and wish to voluntarily establish a guardianship for yourself, be sure to work with experienced legal professionals. Contact a Little Gables adult guardianship lawyer for assistance.
Understanding the Role of the Guardian
People often need help with some aspects of their lives but manage other parts quite well. Courts will limit the powers of a guardian to only those tasks that the ward cannot manage alone or cannot manage safely without supervision.
According to Florida Statute § 744.3215, a ward retains certain rights unless the court orders that the right be granted to the guardian. For example, a ward has the right to decide where they will live and who they will associate with, unless the court specifically grants the guardian those rights. Similarly, the ward retains the right to sign contracts, apply for government benefits, and gift their property unless a court assigns those rights to a guardian.
A court must determine that the guardian’s help is necessary on a case-by-case basis. Guardians often have the authority to make healthcare decisions for the ward, buy and sell their property, and determine where they will live. A Little Gables adult guardianship attorney can help a guardian seek the necessary authority and explain the limits of their powers in a specific case.
Court Orders Are Required in Some Instances
The law prevents certain rights from being delegated to a guardian. They cannot decide whether a ward can vote, keep their driver’s license, travel, or get a job. However, a court can remove these rights from a ward in an order establishing the ward’s incapacity.
Once an adult guardianship is established, a guardian must apply for a court order if they want to take or prevent certain actions. A guardian will need a court order to initiate divorce proceedings on the ward’s behalf, consent to experimental healthcare treatment, terminate the ward’s parental rights, or consent to an abortion or sterilization procedure. A guardian cannot involuntarily commit an adult ward to a facility for the treatment of developmental disabilities, psychiatric disorders, or substance abuse without going through the admission process or getting a court order.
Process for Establishing a Guardianship for an Adult
A person who wants to be guardian must be at least eighteen and a resident of Florida. Non-residents can be guardians only if the ward is a relative. All guardians must have the capacity to manage the tasks of guardianship, and people convicted of certain felonies are ineligible to be guardians.
The proposed guardian must apply to the court to be appointed. The proposed ward must get notice of the petition and has the right to legal counsel to oppose the guardianship. When the proposed ward objects to guardianship, the court will appoint a panel of three experts to review the proposed ward’s medical records, interview them, and prepare findings for the court. The judge will rule based on the panel’s recommendations. A Little Gables attorney can help an adult ward or guardian prepare or respond to a request for guardianship.
When someone consents to a guardian, the guardian still petitions the court for appointment with the ward’s consent. The petition must include a statement from the proposed ward’s doctor confirming that the ward understands guardianship and is capable of consenting to it.
Speak with a Little Gables Attorney on Adult Guardianship Issues Today
The issues and circumstances surrounding guardianship for adults often trigger strong emotions, especially when the proposed ward does not think they need a guardian. You need to collaborate with a legal professional who can handle the matter with compassion and skill.
The Florida Probate & Family Law Firm helps you navigate these challenging situations. Contact our Little Gables adult guardianship lawyer for advice and support and schedule a free case evaluation today.