Guardianship

Jacksonville Guardianship Lawyers

A Florida Guardianship attorney or Lawyer helps families deal with incapacitated family members or allows others to take care of minor children. Sometimes companies or individuals take advantage of the elderly and obtain guardianships in an effort to take control of the persons assets. In these cases a dispute may arise and the individual may have created liability for their actions against the elderly person. Our Florida Guardianship Attorneys and Florida Guardianship Lawyers work with Families involved with Florida Guardianships.

What is Guardianship?

Whatis Guardianship? Guardianship is the process of making one individual legallyable to make decisions for another individual. TheFlorida Court Systemoversees guardianships. Through the guardianship process, a judge appoints anindividual to care for anotherindividual. A guardianship is a necessary toolwhen someone can no longer make their own decisions. Guardianship may also beneeded when someone has become easily vulnerable to fraud or undue influence.The Guardian is the individual appointed by a judgeto make decisions foranother individual. Once a judge determines an individual needs a guardian,they are called the Ward. Aguardian can have authority to make personal and/orfinancial decisions for the Ward. The Ward can be an adult with a physical ormental disability or a minor.

Types of Guardianships: There are three types of Guardianships defined bythe Florida Statutes.

1.Guardianship of an Adult- TheGuardian of an Adult can be:

• Guardianof the Person:A guardian of theperson can only make decisions concerning the Wards person. For example, aguardian of the person makes all health-care decisions for the Ward anddetermines the Ward’s residence.
• Guardianof Property: A guardian of property can only make decisions on behalf ofthe Ward concerning their assets. Forexample, a guardian of property managesthe Ward’s money and pays the Ward’s bills.
• PlenaryGuardian: Plenary means complete. A Plenary Guardian is the Guardian ofboth the Person and Property of theWard.
• VoluntaryGuardian: A Voluntary Guardian is when the Ward chooses to have a guardianeven though they can still makesound decisions.Voluntary Guardianship can on be of theproperty.

2.Guardianship of a Minor- TheGuardian of a Minor can be:

• Guardianof the Person:The Guardian of thePerson of a Minor can make all decisions regarding the minor’s health,schooland other activities that a parent can make for their child.
• Guardianof Property: In Florida, if a child inherits $15,000.00 or more, they mustbe appointed a Guardian of Property.Parents of a minor are not automaticallyGuardians of Property of their child. Parents must be appointed the Guardian ofProperty fortheir child.
• PlenaryGuardian of the Minor: A Plenary Guardian of a the Minor can make both personand property decisions on behalfof the minor.

3.Guardian Advocacy- Guardian Advocacyis a special type of guardianship for individuals born with a developmentaldisabilitywhen they become 18 years of age.Guardian Advocacy is a streamlined guardianship process.

How does a court determine someone needsa guardian?

Before an adult can beappointed a guardian, the Court must first deemthem incapacitated. The legalprocess for determining whether someone is incapacitated is called the Determinationof Incapacity. Thedetermination of incapacity involves a three-personexamining committee. Each member of the examining committee evaluates theWardand files a report with the Court. The Court uses these reports of theexamining committee to determine whether the Ward hasthe capacity to makesound decisions and exercise their rights. Minors do not require adetermination of incapacity as minors arelegally already incapacitated until18 years old.

Legislative Intent: It is the intent of the Florida legislature for theleast restrictive kind of guardianship to be granted. The leastrestrictiveform means only to give a guardian the rights the Ward cannot exercise him orherself. When a guardian is given only someof a Ward’s rights, it is a limitedguardianship. A limited guardianship is necessary in circumstances where acourt finds the Ward ableto exercise some but not all, of their rights.For example, a ward may be able to determinetheir residence, but not able to enter into acontract.

Are a Power of Attorney and Guardianshipthe same?

A Power of Attorneyand Guardianship are very different things. However,they have the samepurpose, which is to give an individual the power to make decisions for someonewho cannot make decisions forthemselves. The most significant differencebetween a Power of Attorney and Guardianship is when and how they are created.APower of Attorney is created without court supervision and by the individualwho needs assistance when that individual can still makesound decisions. Incontrast, Guardianship is established when the individual can no longer makesound decisions and is supervisedby the Florida Court System.

How long does guardianship last?

Guardianship does not expire unless it is a temporaryguardianship. For a guardianship of anadult to expire, the Ward must file aPetition to Terminate Guardianship with the Court. The Ward must then prove tothe Court theyhave capacity and can now make sound decisions. A temporaryguardianship generally expires in 90 days. A guardianship of a minorterminateswhen the minor turns 18 years of age.

If you think a guardianship may be appropriate or are involved in guardianship proceedings and would like representation to help you understand and deal with this complicated process, CONTACT a Florida Guardianship Lawyer by email or call us at 904-685-1200 to discuss your situation today.

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