When Is Guardianship Needed?
In most cases, guardianship is put in place to take care of a parent who has become incapacitated. Guardianship is also needed to take care of an adult disabled child or a minor who receives a personal injury settlement.
A person can avoid the need for guardianship if they have estate planning documents in place such as a power of attorney and health care surrogate. However, these documents can only be completed in advance of a need. Once a person becomes incapacitated, he or she does not have the legal capacity to make a power of attorney or healthcare surrogate designation.
Our lawyer understands this is an emotionally difficult time for you, so we encourage you to email us to learn more about what we can do for your family.
Are You Considering Becoming A Guardian?
Witnessing a family member’s physical, mental and emotional deterioration due to health issues such as a stroke, Alzheimer’s or dementia can be heartbreaking. When your loved one can no longer make sound decisions, you may need to be appointed as that person’s guardian.
Becoming a guardian is an important responsibility. You are taking on the authority to make financial and personal care decisions for another person. Courts take the process of naming a guardian seriously, since the court is taking away a person’s freedom to make decisions for himself or herself.
At The Law Office of Nicole C. Morris, P.A., our attorney helps people become guardians of elderly parents, adult disabled children and other vulnerable adults. We also draft powers of attorney, which can be an inexpensive alternative to guardianship if your loved one plans ahead. Unfortunately, in some cases, guardianship may be the only alternative.
What Are The Responsibilities Of A Guardian In Florida?
Once appointed, a guardian takes on significant legal duties. In Florida, guardians must manage the ward’s personal care, medical decisions and financial affairs — depending on the scope of the appointment. Courts require guardians to file annual reports documenting the ward’s condition and accounting for all assets.
Guardianship disputes over how an individual fulfills these responsibilities can arise within families, making it important to work with an attorney who understands both the legal obligations and the family dynamics involved.
Limited Vs. Plenary Guardianship In Florida
Florida courts distinguish between two primary forms of guardianship. Limited guardianship grants authority over specific decisions only, such as medical care or financial matters, while the ward retains some capacity to make other choices independently. Plenary guardianship transfers full decision-making authority to the guardian when a court determines the ward lacks capacity entirely.
Courts generally prefer the least restrictive option that still protects the individual. Our attorney can help you determine which form of guardianship fits your loved one’s specific situation and needs.
Ask Us About Guardianship Today
We offer initial consultation to answer your questions about guardianship and when it is needed. Email us or call 561-659-7790 to schedule an appointment. We work in Palm Beach Gardens and throughout the country to help clients with loved ones in Florida.