Florida Guardianship: Protecting your loved ones when they can’t make decisions for themselves
The decision to seek guardianship over a loved one is never easy, but it can be essential to ensure their well-being and protect their interests. At Michael T. Heider, P.A., we’ve spent over 15 years helping families throughout Florida navigate the complexities of guardianship law. Whether you’re considering guardianship for a minor, an incapacitated adult, or someone who voluntarily requests it, we offer the support and legal expertise needed to make this important decision with confidence.
What is Guardianship in Florida?
Guardianship is a legal process that allows a designated guardian to make decisions on behalf of a person (called the “ward”) who is unable to manage their own affairs due to incapacity. The court plays a key role in determining if guardianship is necessary and oversees the actions of the guardian to ensure they act in the best interests of the ward.
In Florida, the process of establishing guardianship is governed by Chapter 744, Florida Statutes.
Who is considered a “ward” in Florida?
A “ward” is anyone—whether a minor or adult—who has been legally determined by the court to be incapable of managing their own property, health, or safety. For adults, this could be due to conditions like dementia, brain injury, or severe physical disabilities. For minors, it might be due to a legal or medical situation that prevents them from making informed decisions.
How does a Guardianship work in Florida?
- Petition: A legal guardian must file a petition with the court to request guardianship. The petition details the ward’s condition and the need for guardianship.
- Attorney representation: In Florida, all guardians must be represented by an attorney throughout the guardianship process.
- Court-appointed examining committee: The court appoints a committee to assess the alleged incapacitated person’s condition. This committee’s findings are crucial in determining if guardianship is necessary.
- Hearing: A court hearing is scheduled where all parties involved can present their case. The court will determine if the individual is truly incapacitated.
- Appointment: If the court finds the person incapacitated, they will appoint a guardian to act on behalf of the ward, either for personal or financial matters, or both.
Types of Guardians in Florida
- Guardian of the person: Responsible for making decisions about the ward’s health, welfare, and daily needs.
- Guardian of the property: Manages the ward’s finances, investments, and property.
- Professional guardians: These individuals or organizations (often nonprofit) are appointed as guardians for a fee and must meet state qualifications. They provide a neutral third-party option for those who do not have a trusted family member or friend available to serve as a guardian.
Ongoing court oversight and reporting
Once a guardianship is established, it is subject to ongoing oversight by the court. The guardian must file annual reports to provide updates on the ward’s well-being and financial status. This ensures that the guardian is fulfilling their responsibilities and that the ward’s needs are continually met.
When Guardianship may not be necessary: Alternatives to Guardianship?
In some cases, guardianship may not be the best solution. For example, if a minor inherits a substantial amount of money, a trust might be a more suitable option for managing those funds until the child reaches adulthood. Additionally, powers of attorney or health care directives can provide alternatives for specific areas of decision-making without the need for a full guardianship.
Why choose Michael T. Heider for your Florida Guardianship?
At Michael T. Heider, P.A., we understand how emotionally challenging it can be to seek guardianship for a loved one. With over 15 years of experience in guardianship law and elder law, we offer the expertise and compassion you need to navigate the legal process.
- Experience: With more than 15 years in guardianship and elder law, we have helped countless Florida families through the guardianship process.
- Compassionate service: We treat every case with the care and respect it deserves.
- Financial expertise: As a licensed CPA, Michael Heider can provide valuable insights on managing finances in guardianship matters.
- Clear communication: We keep you informed and updated about your case every step of the way.
Contact Michael T. Heider, P.A. for a free consultation
If you’re considering guardianship for a loved one, don’t navigate the process alone. Contact Michael T. Heider, P.A. for a free, confidential consultation. With over 15 years of experience and a deep commitment to your family’s well-being, we’re here to guide you through this sensitive legal process. Call us today at 727-235-6005 or schedule your free consultation.
