Guardianship
Guardianships are necessary when a person is unable to care for themselves or their property. A Guardianship is a way in which an incapacitated person is cared for in a competent and professional way, subject to Court supervision. A person who is incapacitated and in need of Guardianship proceedings is referred to as the WARD. The person (or persons) designated to oversee the affairs of the Ward is called the GUARDIAN.
It is the responsibility of the GUARDIAN to oversee the affairs of the Ward including, but not limited to the following areas: Social and Residential Matters; Financial Matters; and Medical and Mental Matters.
There are different types of Guardianships: Minor Guardianship; Guardianship over Property and/or Person (or Plenary Guardianship); Temporary and/or Emergency Guardianship; and Limited Guardianships.
WHO MAY SERVE as GUARDIAN?
A Guardian typically is a family member or a professional guardian. A Court shall give preference to those related by blood or marriage. The Court will also look at a person’s related educational and business experience. A Court shall also consider the wishes expressed by the incapacitated person. NOTE: Any Guardian MUST be represented by a Florida Attorney.
Under Florida’s Guardianship Law, the Guardian is required to annually report on the major aspects of their stewardship, and review and revise the plan of care for the Ward for the following year.
