The court strives to allow people to maintain as much independence as possible while getting the help they need. Thus, judges can issue three types of guardianships, depending on the degree of incapacitation. The options are:
Additionally, the judge can appoint an attorney to represent your loved one. The guardian will ensure that the individual’s legal rights are represented during court proceedings.
Adult guardianship is only warranted when no less restrictive alternative is viable. Less restrictive alternatives can include a durable power of attorney, trust, health care surrogate or proxy, or another form of a pre-need directive. You must prove that the aforementioned documents will not serve the adult in question well.
Florida law allows both voluntary and involuntary guardianships. A voluntary guardianship may be established for an adult who, though mentally competent, is incapable of managing his or her own estate and voluntarily petitions for the appointment.
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Before you can act as a guardian, you’ll need to testify about certain background information and complete a training program. Additionally, the judge might require that you purchase a bond to protect the incapacitated person. This bond will act as an insurance policy in case you mismanage the funds.
Then you will provide services based on the type of guardianship ordered by the court. For instance, if the court ordered you to serve as the guardian of the person, you’ll make decisions based on the individual’s welfare and health. On the other hand, if you’re a guardian of the property, you’ll handle financial management tasks and file annual reports. However, if you’re both the guardian of the person and the property, you’ll need to do both. Your attorney can go over your duties with you to ensure that you follow the letter of the law.
We help families locally within or near the Orange County Area.
Locally we serve Orlando, Winter Park, Altamonte Springs, Maitland, Longwood, Apopka, Lake Mary, Clermont, Deland, Kissimmee, Windermere, Oviedo, Winter Springs, Groveland, Casselberry, Celebration, Lake Nona and many other locations.
We welcome your questions and want to understand your situation to help you move forward and achieve the peace of mind that comes with having everything done properly and efficiently. Since time is often critical to ensure the best result, contact us now by calling us for one-on-one assistance at (407) 574-8125 with your questions, a description of your situation, or to schedule a consultation. You may also simply fill out the form above on this page. Your form will be directly emailed to our office. You can expect a reply within one business day and often within hours the same day. All information is confidential.
715 Douglas Ave Suite# 40,
Altamonte Springs, FL 32714
The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship