Kania Law Offices PLLC

Kania Law Offices PLLC

Florida Guardianship

Understanding when guardianship is needed and how the court appoints someone to protect an individual who cannot manage their own affairs.

A guardian has legal authority to make decisions in the ward’s best interest. Guardianship is the court process of assigning someone to oversee an individual’s personal or financial affairs, and the court monitors the guardian to prevent misuse of authority or funds.

This article explains the two most common types of guardianship and outlines the key differences between full and limited guardianship. A guardianship attorney can guide you through both options.

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Types of Guardianship

01

Full Guardianship (Plenary)

Full guardianship gives the guardian the complete authority to take decisions regarding the affairs of the ward. This includes:

  1. Deciding where you live
  2. Authorizing medical treatment
  3. Handling legal matters
  4. Managing the financial matters
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02

Limited Guardianship

Under limited guardianship, the guardian can only perform the duties that the ward cannot do by himself. This includes four situations:

  1. Due to old age, guardianship for an incapacitated senior
  2. For minors
  3. Guardianship for disabled adults
  4. Guardianship for incompetent adults

Guardianship laws do vary from state to state. Thus, the best approach is to consult with a guardianship attorney to understand the legislative proceedings of your state.

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03

Emergency Guardianship

Emergency guardianship is a form of temporary guardianship. It usually arises due to an emergency. However, an emergency guardian is generally appointed by the court to serve the ward in times of crisis.

In general cases, the ward is either disabled or incapacitated. The court decides that whether or not the individual can handle the situation himself or cannot due to mental disability, addition, or deliberating disease. The period for an emergency guardianship lasts for a limited time. In most states, it is 90 days; however, it can be extended by the court’s approval if the need arises.Once the emergency has ended, the appointed temporary guardian must file a report at court. Therefore, this involves providing all the details regarding the services that he/she provided during the tenure.

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Client Testimonial

“Kind and courteous staff. Very professional, and helped me tremendously in my case. I can rest assured that my dad is taken care of now which is a huge weight off my shoulders. I highly recommend!”

J. Wade

WhoCannotBe a Guardian?

A court can appoint anyone who is found suitable to serve as a guardian. However, a person cannot be appointed as a guardian if he is:

  • Incompetent
  • Minor
  • Convicted of a felony

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Free Evaluation (813) 535-7848