There are two likely scenarios in which a guardianship is necessary in the State of Florida. The most common occurs when an adult becomes incapacitated in some way and needs assistance with life matters. The second, and less common, is when a child’s (under the age of 18) parents die or become incapacitated, or if a child receives an inheritance or proceeds of a lawsuit or insurance policy exceeding a certain value, the court may be required to appoint a guardian.
Unfortunately, as we all grow older, we may require the assistance of friends or family to get by. Sometimes, these friends or family must make decisions for us regarding our health, living situation or assets. Some estate planning can help these individuals make those decisions for us, but often it is not enough and a guardian needs to be appointed to take care of us. If you believe that someone is mentally incapacitated, they may need a guardian appointed by a court to help protect them.
The process of applying for guardianship can be complicated. Under Florida Probate Rules, guardians in the state of Florida are required to be represented by a Florida attorney in nearly all cases. The process often includes the filing of multiple petitions, the court appointment of an examining committee and attorney for the alleged incapacitated loved one, and several court hearings.
Once a guardian is appointed, the guardian may exercise those rights that have been removed from the incapacitated person and delegated to the guardian. These rights could include: providing medical, mental and personal care services, and determining the place and kind of residential setting best suited for the ward. The guardian of the person must also present to the court every year a detailed plan for the ward’s care. Guardians may also be appointed to oversee the property, assets and estate of an incapacitated person. In those instances, a guardian is required to file a detailed annual accounting of the Ward’s assets. Of course, our firm is experienced and ready to assist all of our clients in handling these matters.
At any moment, any one of us could need assistance maintaining our health, safety, or assets. At Britton Law, we understand it’s not always easy to handle the responsibilities associated with starting and maintaining a guardianship. We encourage our clients to be proactive so that they know who will be providing care and how that care is administered. With compassionate guidance, we will be hands-on in making sure the right decisions are made, and when the time comes, you get what you need, when you need it.
Commonly Used Terms:
Guardian: an individual (or institution such as a nonprofit corporation or bank trust department) appointed by a court to care for an incapacitated person (“Ward”) or for the Ward’s assets.
Natural Guardians: A child’s parents are the child’s natural guardians and in general may act for the child.
Incapacitated person or “ward”: An adult who has been judicially determined to lack the capacity to manage at least some of his or her property or to meet at least some of the essential health and safety requirements of the person.