If you have a loved one with a significant disability or an age-related cognitive challenge, they may need someone to make decisions for them if they’re unable to do so for themselves.
However, unless they are your minor children, you won’t have the legal authority to make decisions on their behalf when it comes to certain legal and medical matters. This is when a guardianship can be required.
A guardianship is a legal mechanism that enables one person or organization to make choices for another. The individual being represented is known as a ward.
What You Need to Know
There are several important things you should know about guardianship in Florida.
Types of Guardianship
With a guardianship, a guardian has the authority to make all or the majority of choices on behalf of a ward. Usually, it entails making financial, legal, and medical decisions. The guardian is required to make these choices in the best interest of the Ward.
In Florida, when a child receives an inheritance, the settlement from a lawsuit over $15,000, or the proceeds from an insurance policy that exceeds the amount allowed by statute.
Adult guardianship may be established when a court determines that a person’s capacity for decision-making is seriously compromised or impaired. Guardianship is only necessary when no less stringent option—such as a trust, durable power of attorney, health care surrogate or proxy, or other type of pre-need directive—is deemed suitable and available by the court.
Guardianships may be appointed voluntarily or involuntarily under Florida law. An adult who voluntarily requests for the appointment of guardianship and who is mentally competent but unable to manage his or her own estate may have a voluntary guardianship established for them.
Guardianships can be temporary or permanent, and can include some or all of the ward’s decision-making authority. it is necessary to speak with a guardianship attorney, financial advisor, and your state’s guardianship association or advocacy organization.
Key Roles and Responsibilities of a Guardian
Only the authority required to complete tasks that a disabled or incapacitated person cannot complete on their own is given to guardians. These abilities could include:
- Ensuring the Ward has access to care and that it is maintained
- Making choices regarding the Ward’s finances
- Making Ward-related medical decisions
- Ensuring that medical and educational services are maintained and sufficient
- Providing the court with updates on the Ward’s well-being
It’s important to note that guardians are not expected to provide caretaking services. The limit of a guardianship’s duties is as a decision-maker who gives consent or makes choices that the Ward isn’t capable of doing on their own.
Length of Guardianship
The length of guardianship is determined may be temporary (an emergency temporary guardianship, or permanent (plenary guardianship). Guardianships can end if the ward passes away, or if the guardian or the ward petition the court, alleging that the guardianship is no longer necessary.
Contact Us for with Help Concerning Guardianship
If you need assistance with a guardianship or have questions about any potential legal matter surrounding the establishment of a guardianship, please contact Apfelbaum Law today for a consultation.
