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Mary Beth Kelly

What Is A Florida Guardianship?

On Behalf of | Apr 21, 2023 | Guardianships |

The state of Florida might appoint a guardian to make decisions for a Florida resident who is incapacitated. A person is considered incapacitated if their mental or physical state makes it impossible to make decisions regarding their health or safety. Guardianship means that a guardian becomes responsible for acting in the incapacitated person’s best interest.

Deciding who needs a guardian

A family member, friend or concerned party must file a petition with the court. The petition must contain a doctor or healthcare provider statement confirming that the person is incapacitated. The court will appoint a temporary guardian to investigate the claim. The court-appointed guardian will report their findings to the court and make a recommendation.

Who can become a guardian?

If the court agrees that the individual is incapacitated, it will appoint a guardian. Usually, the guardian is a friend or family member. The court will choose a mentally competent adult without any felony convictions as the guardian.

What does the guardian do?

The guardianships purpose is to do what’s best for the incapacitated person, so guardians must follow specific rules. For example, the guardian makes an inventory of the assets belonging to the incapacitated person.

The guardian must also file this inventory with the court and provide a yearly account of all financial transactions. It’s also necessary for the guardian to submit a yearly plan that outlines the expected care and treatment of the incapacitated person. A guardian can get removed for failing to perform their duties.

Florida guardianship

A Florida resident might need guardianship should they become incapacitated. The court will choose a guardian on behalf of the incapacitated person. However, the situation isn’t necessarily permanent. If the incapacitated person recovers, they can petition the court to restore their rights.