Sometimes it becomes necessary for the court to appoint a guardian, or surrogate decision-maker, to make personal and/or financial decisions for a minor or an adult with mental or physical disabilities. A person who requires guardianship is sometimes referred to as a “ward.”
Under Florida law, guardians are appointed for minors if parents pass away or become incapacitated. In certain circumstances, the court must also appoint a guardian if a child receives an inheritance or legal settlement funds. In the absence of a suitable relative, a social worker may seek a foster parent or alternate guardian for the child.
On the other hand, adult guardianship is a process in which the court determines that an individual’s decision-making ability is so compromised that it is necessary to provide the right to make choices to another person. This is only granted when other options, such as power of attorney, are insufficient.
Types of Guardianships in Florida
Florida law provides voluntary or involuntary guardianships, which will depend on the ward’s personal, mental, and physical situation. It also allows for limited and plenary (full) adult guardianship, which will depend on the ward’s capacity to care for themselves and their property. Schedule a consultation with our lawyers at Apfelbaum Law to find out more about the different types of guardianships in the State of Florida.
Another important thing to understand is that Florida law prohibits the removal of the following basic civil rights, even in cases of incapacitation:
- To have an attorney represent you (a counsel)
- To have access to a Court
- To receive proper education (for minors)
- To be free from abuse, neglect, and exploitation
- To remain as independent as possible
- To receive the necessary services and rehabilitation
- To be treated humanely, with dignity and respect
Guardianship attorneys play a crucial role, especially in cases of potential neglect, abuse, or financial exploitation by guardians. Apfelbaum Law covers various areas of guardianship law, offering legal support for plenary and limited guardianship, guardian advocacy, disability guardianship, minor guardianship, property guardianship, and more.
Reach out to our team
Please reach out to Apfelbaum Law for a consultation. We have offices in Port St. Lucie and Stuart, but we provide legal services throughout the Treasure Coast and Florida.
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Port St. Lucie Office
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Port St. Lucie, FL 34986
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Stuart, FL 34994
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