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Guardianship

Guardianship is a legal means of protecting and executing the rights of someone who is incapacitated and unable to make their own decisions. Only in situations where the person who is Guardianship incapacitated has not made any plans for their situation in advance, or when people are in conflict about decisions being made by caregivers does a guardianship apply.

A person’s incapacity must be determined by a court through clear and convincing evidence collected from an examination of the person’s physical and mental health, as well as an assessment of overall function.

After assessing that a person is incapacitated, the court will then appoint a person to be the legal guardian of that person’s assets and the decision-maker on health care issues.

Guardianships in Florida can cover a variety of situations, including:

  • Guardianship for an incapacitated adult
  • Guardianship for developmentally challenged adults
  • Child guardianship

Depending on the needs of the incapacitated person, or ward, the court may grant full, limited, or voluntary guardianship.

Guardians who are given authority over their ward’s property must invest it prudently, use it for the ward’s support, and keep track of it by filing annual reports with the court. Additionally, the guardian must seek court approval for certain financial transactions, such as the sale of a house.

The guardian is allowed to decide which medical and personal care choices are appropriate and is able to determine the kind of residence best suited for the ward. Additionally, the guardian must present a plan to the court each year for the ward’s care.

Let Us Help

For more information, or to schedule a consultation, contact the BCN Law Firm. Our team of lawyers has the experience and compassion necessary to handle cases involving guardianship issues. Call us today at (352) 775-4739 and schedule your appointment with us today.