A guardian is a person a court appoints to make decisions on behalf of an incapacitated adult. However, a person with a guardian loses many of their rights, so courts are cautious about making these appointments – but there are many situations where they are necessary.
If you have a loved one whom you believe requires a guardian, or if you would like to voluntarily enter a guardianship, working with an experienced guardianship attorney is critical. Contact a South Miami plenary guardianship lawyer at our firm for help.
Several Types of Guardianship
A guardian takes over decision-making for an incapacitated person, who is called the ward. A guardian of the person can make decisions about a ward’s healthcare, social life, and where they live. A guardian of the property manages a ward’s financial affairs.
A plenary guardian can make all these decisions, and any others required to support the ward. A ward with a plenary guardian has little autonomy, so judges are reluctant to name a plenary guardian unless it is clear the ward is incapable of making their own decisions and handling their own affairs.
Plenary guardians are often spouses or other close family members, but do not have to be related to the ward. Florida Statute § 744-309 establishes the requirements to be a plenary guardian. A South Miami attorney could advise someone wishing to be a guardian about the qualifications for the position and the duties of being a plenary guardian.
Procedure for Establishing Incapacity
When a concerned individual believes that an adult lacks the capacity to manage their own affairs, they can petition a circuit court to name a guardian. A South Miami attorney can help a prospective guardian prepare the petition and supporting documents describing why a plenary guardian is needed. The court will follow a rigorous procedure to establish that the person is incapacitated before naming a plenary guardian.
The court will name an attorney to protect the rights of the alleged incapacitated person (AIP) if they do not already have legal representation. The court will also appoint a panel of experts to examine the AIP and prepare a written opinion about whether they have the capacity to manage their own affairs. The professional background of the panel will vary, but at least one must be a licensed physician or psychiatrist.
If the panel finds that the AIP is incapable of managing their own well-being, the court may name a guardian. A guardian’s duties must be as limited as possible to allow the ward as much control over their lives as they can safely exercise. However, when the panel agrees a person is fully incapacitated, the court may name a plenary guardian.
Voluntary Guardianship
Sometimes a person who is still able to make decisions for themselves voluntarily applies to a court for a plenary guardian. They may be concerned that they will soon need help making decisions and prefer the court to appoint a guardian of their choosing.
When someone voluntarily seeks a plenary guardian, there is no need for a panel to interview the applicant. However, the petitioner must submit a statement from their doctor with their application, confirming that the petitioner understands the implications of applying for guardianship.
Discuss Plenary Guardianship with a South Miami Attorney Today
Establishing a plenary guardianship is a big step, and courts only take it when a person is fully incapacitated. If you wish to establish a plenary guardianship for a loved one, you will require sound legal advice.
The Florida Probate & Family Law Firm offers skilled counsel on guardianship issues. One of our South Miami plenary guardianship lawyers can provide the legal support and advice you need. Arrange a free case evaluation with a member of our team today.