Gina R. Chevallier, Esq.
A guardianship is a legal arrangement in which a guardian is appointed to take care of a person or property. It can be a complex and overwhelming process, but by understanding the role of a guardian and how to appoint one in the state of Florida, you can better navigate the process. In this article, we'll take a look at Guardianship 101 and what you need to know.
First, let's define what a guardianship is. A guardianship is a legal arrangement in which a guardian is appointed to take care of a person or property. This can include making decisions about healthcare, finances, and living arrangements for the person in need of protection. Guardianships are typically established for minors, incapacitated adults, or individuals with developmental disabilities.
In the state of Florida, a guardianship can be established in two ways: voluntary or involuntary. A voluntary guardianship is established when an individual has the capacity to sign a voluntary guardianship agreement, and they wish to have a guardian appointed. An involuntary guardianship is established when an individual lacks the capacity to sign a voluntary guardianship agreement, and the court must appoint a guardian.
The role of a guardian is to make decisions on behalf of the ward (person in need of protection) and ensure their well-being. This can include making healthcare decisions, managing finances, and ensuring that the ward has appropriate living arrangements. Guardians are also responsible for filing annual reports with the court, which includes an accounting of the ward's assets and expenses.
The process of appointing a guardian in Florida involves filing a petition with the court and providing notice to the individual in need of protection and their family. The court will then hold a hearing to determine if the appointment of a guardian is necessary.
It's important to note that Guardianship can be a complex and overwhelming process, and it is always a good idea to consult with an attorney to guide you through the process. An attorney can help you understand the process, explain your options, and represent you in court.