Unfortunately, there are times when an adult might have someone close to them momentarily or continuously take charge of their health, property, and overall welfare.

When this occurs, the person in need of help or the person seeking to provide the aid can petition a court and ask to establish an adult guardianship. However, this process can come with complexities and the court could deny the petition if done incorrectly.

When you or someone close to you requires a guardian, you could benefit from the legal guidance of a West Miami adult guardianship lawyer. Our experienced guardianship attorneys can provide support in this difficult situation.

Setting Up a Temporary Guardianship

When a person’s immediate safety, property, mental fitness, and physical health are at risk under Florida Code § 744.3031, the court could appoint a temporary guardianship with an emergency guardian for 90 days.

Due to the imminent circumstances surrounding temporary guardianship, the appointment of one is typically done involuntarily without the consent of the proposed ward. The term “ward” refers to a person who the guardianship is protecting.

If the court approves the emergency petition, the temporary guardianship order will outline the guardian’s responsibilities. A critical responsibility of the guardian is to appear before the court within 30 days of the expiration of the emergency guardianship and provide a report, which must include details of the ward’s physical and mental health, current living conditions, medical assistance, and a breakdown of the ward’s financials and other property.

Becoming a Permanent Guardianship

Emergency adult guardianships could become permanent guardianship upon petition from the emergency guardian. If the court grants this petition, the temporary non-emergency or permanent guardian must provide annual reports to the court.

Filing an emergency guardianship can be stressful, and since time is of the essence, a West Miami adult guardianship attorney can bring forth the petition on a person’s behalf.

Specific Responsibilities of an Adult Guardian

When a person is appointed as a guardian, they must follow certain responsibilities according to the order. The scope and degree of the guardian’s duties will depend on whether a permanent, temporary, or emergency interim order is established.

An adult guardianship could consist of traditional personal and property duties—a guardian’s responsibilities over a ward concern their welfare, safety, health, and education. Property duties refer to managing the person’s assets, known as a conservatorship. Everyday duties under West Miami adult guardianship orders typically include:

  • Managing and protecting property;
  • Caring for social needs;
  • Managing medical services;
  • Providing reports to the court;
  • Attending to educational matters.

For details about meeting the requirements of an adult guardianship, a person could contact a West Miami lawyer to schedule a case evaluation.

The Establishing of an Adult Guardianship

The process of non-emergency guardianship is outlined under Florida Code § 744. It starts with filing a petition asking the court to appoint a guardian because the adult is not suitable to care for their own personal or property affairs currently.

Once the court reviews the petition, they will appoint a guardian ad litem to ensure the potential ward is not being taken advantage of. Next, a committee of three physical and mental health experts will conduct a functional evaluation process for five days following the petition.

After reviewing the petition and initiating a thorough investigation, the committee will produce a report on whether they believe adult guardianship is appropriate. Next, a final hearing will be set where the court will decide to appoint a guardian or reject the petition.

A West Miami adult guardianship attorney can assist with collecting the evidence necessary to allow for a successful guardianship appointment.

Learn More From a West Miami Adult Guardianship Attorney Today

The court proceedings to appoint a guardian come with confusing and convoluted legal language. To streamline the path toward guardianship, give us a call and you could speak with a West Miami adult guardianship lawyer from The Florida Probate & Family Law Firm. Schedule a free case evaluation today.