Adult Guardianships in Florida: What You Should Know
We all want to do whatever possible to protect older relatives and friends, but adult guardianship is a last resort in Florida. A judge creates a guardianship only if the proposed ward clearly needs protection from an immediate threat no other less radical means is available. Age and even senility usually aren’t enough to meet the direct threat element. Less restrictive alternatives include a durable power of attorney, living trust, or health care surrogate or proxy.
Adult guardianship is a desperate measure, but desperate times call for desperate measures. In these times, a St. Petersburg elder law attorney provides comprehensive legal services, starting with evaluating a case and determining all legal options. Then, quite simply, once we plan our work, we work our plan. This simple and straightforward approach usually produces results that exceed our clients’ expectations.
Types of Guardianship
Florida law is very broad in this area. Guardianships come in all shapes and sizes, depending on the ward’s capacity and needs. A few examples include:
- Guardian of the Person: This person is responsible for making decisions that impact the ward’s welfare, such as medical and mental care, accommodations, and social well-being. A proposed ward in a memory care or assisted living facility might need a guardian of the person.
- Guardian of the Property: In some cases, financial accounts are too complex for people to keep up with. Guardianships of the property require the guardian to manage the ward’s assets. This responsibility includes making financial and legal decisions regarding assets, such as bank accounts, real property, and investment accounts.
- Guardian of the Person and Property: If the court finds that a person is totally incapacitated, the judge will appoint a guardian of the person and property (also known as a plenary guardian). A plenary guardian has full decision-making authority over the ward.
Specifically, a guardian of the person and property, the most common kind of adult guardian, and also the most restrictive kind of adult guardian, has the exclusive power to enter into contracts, file and defend lawsuits, apply for government benefits, decide where the ward lives, decide who the ward associates with, agree to or decline medical treatment, and sell or manage property.
Adult Guardianship Process
A Petition to Determine Incapacity asks the court to evaluate the Alleged Incapacitated Person’s (AIP’s) ability to make his/her own decisions. The court appoints a St. Petersburg elder law attorney to represent the AIP throughout the guardianship process. If AIPs possess the requisite capacity, they can choose their own legal representatives.
The second petition, Petition for Appointment of Guardian, contains information about the guardian’s qualifications and is considered after the court makes its determination about the AIP’s capacity.
Within five days, the court selects a three-member examining committee to complete a comprehensive examination of the AIP. Florida statute has specific requirements for serving on the committee, but all members must be either mental or physical health experts. The examination will include a physical exam, a mental health exam, and a functional assessment. The committee must submit reports and individual determinations to the court within fifteen days.
At a subsequent hearing, which must be scheduled within thirty days of receiving the examining committee’s reports, the judge does the following:
- Determines if the AIP lacks total or partial capacity,
- Evaluates the Petition for Appointment of Guardian, and
- Appoints a guardian.
The judge’s order will clearly define the guardian’s rights over the ward. If there is more than one person requesting to be guardian, the process can take longer over multiple hearings.
The guardianship process can be lengthy and emotionally draining. An experienced guardianship law attorney can help you through this legal procedure and bring you some peace of mind.
Work with a Thorough Pinellas County Lawyer
A radical adult guardianship may be an option in some cases. For a confidential consultation with an experienced elder law attorney in Lakewood Ranch, contact Drude Tomori Law. The sooner you reach out to us, the sooner we start working for you.
Source:
flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Guardianship
