Florida Guardianship
Every adult is assumed to be capable of making her own decisions unless a court determines otherwise. If an adult becomes incapable of making responsible decisions due to a mental disability, the court will appoint a substitute decision maker who is known as a "guardian" in Florida. Guardianship is a legal relationship between a competent adult (the "guardian") and a person who because of incapacity is no longer able to take care of his or her own affairs (the "ward").
Unlike a durable power of attorney, a guardianship takes away the ward's right to make his own decisions. This is usually needed when the ward would be a danger to him or her self, the ward refuses to recognize his or her incapacity, or when family members are arguing over the ward and what is best for him or her.
Once the ward's rights are taken away, the guardian will make all legal, financial, and health care decisions for the ward. Accountings are provided to the Court and the guardian is bonded, after running a criminal background check.
Our office generally does not practice in the guardianship arena unless under specific circumstances. It is our hope that with the correct legal and financial planning, a guardianship will not be necessary. If a guardianship because unavoidable, we would be glad to direct you to guardianship attorneys we know and trust.
