Do you need a Guardianship for a Parent, Child or Family Member

The Florida Circuit Court, Probate Division, has jurisdiction over legal guardianships in Florida. Generally the county in which you are physical situated will be the county where the proceedings take place. There are multiple variations on the theme, but usually an adult who is determined to be incapacitated will have a guardian of the person and guardian of the property appointed. A minor child who has no living parent may also have a legal guardian appointed, or if a minor child is entitled to a large inheritance, for example, a separate guardian of that minor’s property may be appointed. There are also provisions under Florida law for standby, preneed, emergency temporary and voluntary guardians and guardianships. This is often the last line of defense to protect an aged or incapacitated persons assets, health and dignity. Advance establishment and use of a Revocable Living Trust and Durable Power of Attorney by an adult reduces the likelihood of the need for a guardian of the property. Advance establishment and use of a healthcare surrogate designation, living will and medical (HIPAA) release by an adult reduces the likelihood of the need for a guardian of the person. Developmentally disabled persons may benefit from the appointment of a “guardian advocate” to handle their medical and mental health decisions for them after they turn 18 years old. The guardian advocate then provides “informed consent” to needed medical and mental health treatments during the course of the developmentally disabled person’s lifetime.

Due to the complexity of this area, a through understanding of the affected person’s situation and needs is absolutely necessary for a legal recommendation on a course of action in guardianship court.

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