Unlocking the Mysteries of Guardianship Law in Florida: Your Top Questions Answered!

By: Amanda Dorio, Esq.

Guardianship is a legal process that grants the authority to make decisions on behalf of an incapacitated individual, referred to as “the ward.” The guardianship process in Florida can be complex, involving multiple legal steps and requirements.

It’s essential to understand the process if you are considering filing for guardianship of a family member or loved one. This post will provide an overview of the guardianship process in Florida and cover some frequently asked questions about guardianship.

Are there different types of guardianships in Florida?

Yes. Florida recognizes three types of guardianship: guardianship of the person, guardianship of the property, and guardianship of both the person and property.

• A guardianship of the person is established when a court determines that an individual is incapacitated and unable to make decisions about their own personal care and well-being. In this type of guardianship, the guardian is responsible for making decisions related to the ward’s healthcare, living arrangements, and other personal matters.
• A guardianship of the property is established when a court determines that an individual is unable to manage their own finances or property. In this type of guardianship, the guardian is responsible for managing the ward’s financial affairs, including paying bills, managing investments, and selling assets if necessary.
• A guardianship of both person and property is established when a court determines that an individual is incapacitated and unable to make decisions about their personal care, well-being, and finances. In this type of guardianship, the guardian is responsible for making decisions related to the ward’s personal care, as well as managing their financial affairs.

It’s important to note that guardianship of the person, property, or both can be temporary or permanent, depending on the circumstances. The court may appoint a limited guardian with specific responsibilities related to the ward’s care or finances. The established guardianship type will depend on the particular needs and circumstances of the individual. The court will determine it after considering all relevant evidence and testimony.

Who can file for guardianship in Florida?

In Florida, any interested person may file a petition for guardianship, including family members, friends, and healthcare providers.

What is the process for obtaining guardianship?

Generally speaking, the process to obtain a guardianship in Florida involves the following:

• The first step is to file a petition with the court. The petition must include specific information about the proposed ward and why guardianship is necessary.
• Once the petition is filed, notice of the proceeding must be provided to all interested parties, including the proposed ward and any family members or other individuals who may have an interest in the outcome of the proceeding.
• The court will appoint an attorney to represent the proposed ward in the guardianship proceeding.
• Before appointing a guardian, the court may order an investigation and evaluation of the proposed ward’s mental and physical condition. This may involve interviews with the proposed ward, family members, and other individuals who may have relevant information.
• After the investigation and evaluation are complete, a hearing will be held to determine whether guardianship is necessary and, if so, who should be appointed as the guardian. The proposed ward and any interested parties may attend the hearing and present evidence and arguments.
• If the court determines that guardianship is necessary, it will appoint a guardian to act on behalf of the ward. The guardian may be a family member or a professional guardian.
• Once appointed, the guardian has ongoing responsibilities to the ward, including making decisions about the ward’s healthcare, living arrangements, and finances. The guardian must file annual reports with the court to keep the court informed about their actions and decisions.

How can you challenge a guardianship?

Again, there is a very specific process that must be followed to challenge a guardianship in Florida, including:

• A petition must be filed with the court that originally granted the guardianship. The petition should include your name, your relationship to the ward, and the specific reasons why you believe the guardianship should be challenged. You may want to consult with an attorney who specializes in guardianship law to help you prepare and file your petition.
• Once you have filed your petition, you must serve notice of the petition to all parties involved in the guardianship, including the guardian, the ward, and any other interested parties. You must also provide a copy of the petition to the court.
• The court will schedule a hearing to review your petition and any evidence you have provided. You must attend the hearing and present your case to the court. This may include providing testimony and evidence to support your claim that the guardianship is unnecessary or that the proposed guardian is unsuitable.
• After the hearing, the court will decide the guardianship. If the court agrees with your petition, the guardianship may be modified, terminated, or a new guardian may be appointed. If the court does not agree with your petition, the guardianship will remain in place.

Can a guardianship be terminated?

Guardianship in Florida can be terminated for a variety of reasons, including the ward’s death, recovery from the condition that led to the guardianship, or a determination by the court that the guardianship is no longer necessary.

Keep a watchful eye for abuse

Unfortunately, there have been cases of guardianship abuse in Florida, where a guardian has taken advantage of their position to exploit the ward’s assets or make decisions that are not in the ward’s best interests. Therefore, it is essential for family members and loved ones to be vigilant and report any suspected abuse to the authorities.

Bottom Line

Overall, guardianship in Florida is a complex and sensitive matter that requires careful consideration and attention to detail. If you or a loved one is considering guardianship, it may be helpful to consult with an experienced attorney who can guide you through the process and help you protect your rights and interests. For further assistance, please contact me at amanda.dorio@henlaw.com or by phone at 239-344-1362.