Navigating the legal process of obtaining guardianship can be a complex and challenging task. It involves filing for guardianship in court, providing evidence of the inability of the person in question to make decisions for themselves, attending a hearing or hearings, and working with attorneys or advocates who will help guide you through the process.
When seeking guardianship, it is mandatory to prioritize the best interests of the individual for whom the guardianship is being sought and consider alternatives such as power of attorney if such are warranted by the circumstances.
Navigating the legal process of obtaining guardianship requires diligence, patience, and expertise from qualified legal professionals in order to ensure a successful outcome while protecting the person in need.
Definition of Guardianship
A guardianship creates a formal legal relationship between an appointed guardian and the ward. An individual whose rights have been partially or completely taken away and who has been declared legally incapacitated to some degree by a court is referred to as a “ward.”
Guardianship Requirements and Responsibilities
The duties and responsibilities of a guardian are complex. You will want to work with an experienced guardianship attorney in order to ensure you are complying with the legal requirements both pre and post granting of the guardianship.
In Florida, guardians may be required to undergo a background and credit check before being appointed. To be accepted, the person seeking guardianship must have a record free of any felony convictions. Additionally, guardians must submit annual guardianship plans and accountings to the court as well as enroll and complete in an 8-hour guardianship education training.
These reports assist the court in keeping an eye on the ward’s business and the guardian’s conduct. A guardian could be forced to appear in court and potentially being removed as guardian if these legal requirements are not followed.
Types of Guardianship
The court may appoint a guardian of the person only, a guardian of the property only, or a guardian of the person and property depending on its judgment and what will best meet the requirements of the ward.
These are the main types of guardianship:
- Guardian of the person
- Guardian of the property
- Guardian of the person and property
- Guardian of a minor
The Process of Guardianship
The process of guardianship helps protect people who may not be able to make decisions for themselves. The following is an overview of the typical steps involved.
First, a petition is filed with the court. This can be filed by any adult who is concerned about another person’s ability to make decisions. The court then appoints a group of three experts to evaluate the person in question; the committee will report their findings in writings to the court, evaluating the proposed ward based on a list of statutory criteria. The Court must appoint an attorney to represent the interests of the proposed ward, or the person can hire their own attorney.
A hearing is held in which the court will review the reports from the committee’s evaluations, hear from the parties, and decide if a guardianship is needed, and if so, what is the precise guardianship that will meet the ward’s needs while giving them the most freedom. A court can deny a request for a guardianship, grant the exact type requested, or allow the ward to retain certain rights for themselves.
Navigating the Legal Process of Guardianship
The guardianship process can be complicated, but it’s an important resource to ensure that people who need help get the support they need.
If you need assistance with a guardianship situation or have questions about any legal matter surrounding the process of obtaining guardianship, our team can guide you. Contact Apfelbaum Law today for a consultation.
