Sometimes people become incapacitated as they age. They may develop a disease like dementia, or an accident may leave them unable to care for themselves. Adults in this position may require a legal guardian.

A West Miami plenary guardianship lawyer can help you with this challenging issue. Our respected guardianship attorneys can describe the role of the guardian, the process for establishing guardianship, and a guardian’s duties after appointment.

Deciding on the Type of Guardian Needed

A guardian makes specific decisions for an adult, called a ward, who requires assistance and supervision. Appointing a guardian takes rights away from the ward, so courts are reluctant to take this action unless there is clear evidence of incapacity.

Some guardians’ authority is limited to personal decisions like healthcare and personal associations. Other guardians only have authority to manage a ward’s property. Plenary guardians can make all decisions on behalf of a ward, handling their financial matters, deciding where they live, what healthcare they receive, and making any other decisions necessary for the ward’s well-being.

Anyone seeking appointment of a guardian for an allegedly incapacitated person (AIP) should think carefully about the type of guardianship that will be necessary. Courts always impose the most limited guardianships that will protect the ward, but also preserve as many of their rights as possible. A West Miami attorney can discuss the needs of a specific AIP to determine whether there is sufficient evidence to ask for a plenary guardianship.

Procedure for Establishing a Guardianship

When presented with a request to appoint a guardian, the law requires a judge to evaluate whether the AIP retains the capacity to make their own decisions. Florida Statute § 744-331 requires judges to convene a panel of experts to evaluate the AIP.

The panel consists of three members with professional expertise in the condition that impacts the AIP, and at least one panel member must be a licensed doctor or psychiatrist. Each panel member interviews the AIP, assesses their ability to care for themselves and manage their affairs, and presents a written opinion to the judge.

If the panel agrees the AIP is completely incapacitated, the judge may appoint a plenary guardian, and issue letters of appointment specifying exactly what duties the plenary guardian may or may not exercise on the ward’s behalf. Someone newly appointed to be a plenary guardian should review the letters with a West Miami attorney to ensure they understand the scope of their responsibilities.

Duties of a Plenary Guardian

A person appointed as a plenary guardian must manage the ward’s money, handle their living arrangements, and protect them from exploitation by others. The guardian has a fiduciary duty to the ward and must always act in support of the ward’s interests, even when they conflict with their own.

Newly appointed guardians must complete an eight-hour training course; and within 60 days of their appointment, they must submit a guardianship plan to the court. It must include the actions the evaluation panel recommended to protect the ward’s mental and physical health, as well as any social contacts. After the initial report is accepted, the plenary guardian must make annual reports to the court.

A plenary guardian also must make an inventory of all the ward’s property and include that in their initial report to the court. In subsequent years, the guardian must submit an accounting of all the ward’s property. A West Miami attorney can help a plenary guardian prepare their initial and subsequent reports and accounting.

Consult a West Miami Attorney to Learn About Plenary Guardianship Today

The decision to seek guardianship over another adult cannot be taken lightly. A guardian deprives a ward of certain rights that they would otherwise possess. However, sometimes guardianship is necessary to protect an incapacitated person’s well-being.

The West Miami plenary guardianship lawyers at The Florida Probate & Family Law Firm can guide you through all aspects of this important process. Arrange a free case evaluation with a team member today to learn more.

The Florida Probate & Family Law Firm N/a
The Florida Probate & Family Law Firm N/a
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