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Who may serve as a guardian in Florida?

On Behalf of | Dec 28, 2021 | Uncategorized

Florida law allows people to make legal decisions or take care of a minor or an adult that is incapacitated or in a mental condition that affects their judgment. If you have such a person in your life, here are the requirements and laws to abide by as a guardian.

Guardianship in Florida

Laws about guardianship are found in Florida Statute § 744.309. It states that a guardian can be an individual or an institution that the court appoints to take care of a ward or their assets. A ward is a person under guardianship.

Qualifications of a Guardian in Florida

Any person who is at least 18 years old can serve as a Guardian in Florida. This person can be related or unrelated to the individual. You stand a better chance if you are their sibling, parent, spouse, aunt, uncle, niece, nephew, or grandparent, whether you are a resident or non-resident of Florida.

An institution like a nonprofit corporation, banks, trust companies, and professional guardians can take responsibility for the ward. This can be a good choice if the ward has significant assets and no relative is qualified enough to manage their investments and properties. If you like, you can let the bank or trust companies act as the guardian of their property while serving as the caregiver.

Who can’t serve as a guardian?

Anyone that was convicted for a felony crime in Florida cannot serve as a guardian. Also, people that have faced charges of abusing, abandoning, or neglecting their responsibility to their loved ones like a spouse or child, cannot become guardians.

Furthermore, you cannot serve if you are suffering from a condition that can make it difficult for you to deliver on your tasks. A ward can want your assistance when you are also incapable, putting his or her life at risk.

Guardians have many roles in roles in Florida. If you are one, you will be responsible for the health and financial needs of the ward. However, some financial decisions may need the court’s approval.