Guardianship
Guardianship in Florida can be used to become the guardian over a person who no longer has the mental capacity to take care of themselves, or their property. Guardianship is common in situations where a person suffers from dementia or Alzheimer’s disease, and whether the person needs a guardian over their property, person, or both will depend on their level of incapacity.
Petition to Determine Incapacity
The first step in a guardianship is to petition the court to determine the incapacity of the individual you seek to obtain guardianship of, generally referred to as the “ward.” Once a petition is filed with the court, the court will appoint three experts to examine the ward, and a special attorney, called and “elisor,” to represent the interest of the ward. The experts will meet with the ward and file a report with the court advising the court what things the ward will need assistance with. After these reports are returned to the court, the court will hold a hearing to determine if you should be appointed as guardian.
Emergency Guardianship
There are situations in which the appointment of a guardian must happen without delay. This can happen when the ward must undergo immediate medical treatment, or the ward is at risk to suffer injury, or financial loss if no guardian is appointed. Once a petition to appoint an emergency guardian is filed, the court will have an expedited hearing to decide if an emergency exists, and if so, will appoint a temporary guardian until a permanent guardian can be appointed.
Appointment of the Guardian
A guardian can be appointed to make medical decisions for the ward, to manage the ward’s property, or both. If the guardian assists the ward with both medical decision making and financial issues, they will be called the plenary guardian. Once you are appointed as the guardian, you will be required to file an inventory of the ward’s property and an initial guardianship plan. You will also have to file an accounting and a guardianship plan on an annual basis as long as you serve as guardian.
If you have questions about becoming a guardian for a loved one or family member in Florida, call me today.
