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Guardianship

Understanding Guardianship in Florida

Guardianship is a legal process in Florida where a court appoints a guardian to manage the affairs of another individual, known as the ward. This typically occurs when the ward is unable to manage their own affairs due to reasons such as being a minor, becoming incompetent, or facing similar circumstances. The role of the guardian is to take care of the ward and handle their personal and/or financial matters. The court oversees the guardianship to ensure that the ward’s best interests are protected.

Roles of a Guardian

A guardian can have different responsibilities depending on the situation. They may be in charge of the ward’s person, which is similar to a natural parent being the guardian of their child. This involves making decisions regarding the ward’s personal needs, healthcare, and overall well-being. Additionally, a guardian can be responsible for managing the ward’s property, including financial assets and investments. In some cases, a guardian may have the responsibility of both the ward’s person and property. Whichever role the guardian assumes, they are required to work closely with the court and provide regular reports on the ward’s status and affairs.

The Guardianship Process

The guardianship process can be complex and costly. However, proper estate planning can help minimize or even eliminate the need for guardianship.

In the event that an individual becomes incapable of making decisions for themselves due to an illness or other reasons, their family members may become concerned about their well-being and the need for someone to manage their affairs. Hiring a lawyer is necessary to initiate the guardianship process, which involves filing documents with the court. The court appoints a lawyer to represent the proposed ward and three members of an examining committee to assess the individual’s capability to manage their affairs. The examining committee will conduct an evaluation by visiting the individual and assessing their cognitive abilities through questions about current events and personal information.

If the process proceeds smoothly, the court will then appoint one of the family members as the guardian for the individual. The guardian will make decisions in the best interests of the ward and will be required to provide regular updates to the court regarding the ward’s situation and affairs. It is important to note that the individual who requires guardianship is responsible for covering the costs associated with the process.