Guardianship

If a loved one in your life has either lost or does not possess the capacity to make informed, rational decisions regarding their finances or medical care, they may require a guardian. A guardianship is the solution, whether your loved one has declined from age, they are a mentally disabled adult, or they have been diagnosed with a medical condition that requires constant care.

Taking over the care of a loved one can be stressful and confusing. You want to know that you are doing the right thing—legally, emotionally, and morally. Going through the guardianship process with the help of an attorney goes far toward alleviating worry during this complex process.

Florida recognizes two kinds of legal guardianship, voluntary and involuntary. In a voluntary guardianship, the person for whom a guardian is appointed (i.e., “the ward”) is a competent adult that requests the guardianship appointment. In an involuntary guardianship proceeding, an interested person files a petition with a Florida circuit court to appoint a guardian for an incapacitated person.

Florida law requires the use of the least restrictive alternative to protect individuals that are incapable of caring for themselves and managing their financial affairs whenever possible. Guardian Advocacy is a process for family members, caregivers, or friends of individuals with a developmental disability to obtain the legal authority to act on their behalf. Unlike a full guardianship, the court does not have to declare the person incapacitated, instead, the focus is on the “decision-making” ability of the individual.

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