Serving the Treasure Coast - Martin, Indian River, Okeechobee, and St. Lucie Counties

Guardianship

Establishing Guardianships

When a loved one suffers an illness or injury that prevents them from handling their day-to-day responsibilities, it may be necessary to appoint someone to make these decisions for them by designating a legal guardian. Guardianships are designed to protect an incapacitated person’s property, assets, and health by transferring legal authority over managing their affairs to another person. Court ordered guardianships should be done when there are no less restrictive alternatives available.

Guardian Responsibilities

Guardians are given legal authority to handle a wide range of daily tasks, such as maintaining a household, creating a budget, choosing a home, paying bills, or arranging social activities. Many of the guardian’s responsibilities relate to managing finances and making healthcare decisions for their ward. While any person may petition to become a guardian, it is wise to consider a blood relative such as a spouse or a well-trusted friend of the ward.

Types of guardianship

There are two primary types of guardianships in Florida:

Voluntary

As the name suggests, a voluntary guardianship is created voluntarily with the consent of the potential ward. A ward may petition the court to have a guardian appointed and select who they would like to be their guardian.

Involuntary

Involuntary guardianships occur when the potential ward is incapacitated to the point where they are unable to make competent decisions regarding their care alone. The petitioner must conduct hearings to determine whether guardianship is necessary to enact an involuntary guardianship.

Limited

Limited guardianships only transfer a set amount of rights to the appointed guardian, such as making financial decisions and obtaining suitable housing.

Plenary

Plenary guardianships give complete control over all decisions to the guardian. It is a total transfer of rights when the ward cannot care for themselves anymore.

Determining Guardianship

Florida Statute Chapter 744 details the process of selecting a guardian. First, a petition for guardianship should be filed. Subsequently, a determination of the ward’s capacity will be conducted through an examining committee. During this time, the examining committee interviews the intended ward and several others to determine the ward’s cognitive abilities. The committee will present their findings during a hearing with recommendations about which rights the intended ward can handle. If a judge determines that the potential ward is incapacitated, the judge will assign a guardian.