Guardianship Attorney in Miami Florida

Understanding Guardianship Guidelines in Florida

Guardianship is a legal, court-established relationship that allows a person (the guardian) to make decisions on behalf of another person (the ward) who cannot make decisions for themself.

Typically, the court appoints guardians in two types of cases:

• to allow a person to make decisions for minor children if their parents are unable to
• to allow an individual to make decisions for a person incapacitated due to mental disability or illness.

A guardian is obligated to make decisions in the ward’s best interest.

What Are the Requirements to Serve as Guardian in Florida?

If you are considering becoming a guardian or you want to appoint another person as a guardian, you should be aware of the requirements for guardianships. A person must meet the following conditions to legally serve as a guardian in Florida:

• Be 18 or older
• Be a Florida resident (or meet certain non-resident requirements)

A judge will consider each person’s ability to serve as guardian before awarding guardianship. A person may not be able to serve as guardian if they meet any of the following:

• Have filed for bankruptcy in the past seven years
• Were suspended from a professional practice involving financial management
• Have committed a crime against another person
• Were convicted of a felony

What Are the Types of Guardianships?

If you are seeking a guardianship appointment from the court, the judge will examine your circumstances and the needs of the ward to determine the type of guardianship to order. The primary types of guardianships include the following:

• Guardianship: Allows a person to make personal care, medical, and sometimes financial decisions for the ward

• Conservatorship: Allows a person to handle financial matters for the ward

• Testamentary guardianship: Allows a person to act as the caregiver of a child until they come of age in the event that the child’s parents die

• Temporary guardianship: Allows a person to make decisions for the ward for a specific, temporary purpose, such as while a parent is in prison

• Limited guardianship: Limits the decisions of the guardian to only those necessary at the time

Depending on the needs of the ward, the court may appoint a guardian over the person only, the property only, or both the person and property of the ward. The responsibilities and limitations of the guardian’s power over the ward’s personal rights or property will vary accordingly. Your Florida guardianship attorney can help you determine the appropriate guardianship relationship to seek.

What Are the Responsibilities of a Guardian in Florida?

A guardian’s exact responsibilities depend on the circumstances surrounding the guardianship appointment and orders from the court. However, in Florida, guardians related to the ward need to at least fulfill the following responsibilities before they can assume a guardianship position:

• Attend an eight-hour educational course
• Submit to a criminal and background check

After completing these tasks, the person will need to act in the best interest of the ward while fulfilling the duties laid out by the court. They may also need to report back to the court and complete required forms throughout the guardianship relationship.

If you are considering becoming a guardian, working with an attorney can ensure that you navigate this process smoothly and fulfill all obligations during your guardianship. Schedule a strategy session to begin the discussion with an experienced Florida guardianship attorney.