PROVIDING CARE WHILE MAINTAINING DIGNITY AND INDEPENDENCE
The Flammia Elder Law Firm can help you with all types of Florida Guardianships. The firm can help clients obtain Guardianship of the elderly as well as Guardianships over minor children or adult disabled children.
If you are a designated guardian, the Flammia Elder Law Firm will guide you through the legal process and advise you of your responsibilities. These responsibilities can be for health care, property management, and fiduciary decision-making on your ward’s behalf. They also actively provide counsel on the ward’s behalf to make certain their best interests are being protected by their guardian, and the ward is able to maintain their dignity and independence as much as possible.
Florida Guardianship FAQ
What is a Florida Guardianship?
Guardianship is a legal process designed to protect and execute the rights of a person who is incapacitated and can no longer make their own decisions. Guardianship applies when that person has not made any plans for this situation in advance or when people are in conflict about the decisions being made by the caregivers or agents under a Durable Power of Attorney or Designation of Health Care Surrogate.
Incapacity is determined by the court, and must be established by clear and convincing evidence through professional examination of physical and mental health and a functional assessment.
The court appoints someone to be the legal guardian of the person’s assets and health care decisions. The guardian must meet certain legal qualifications. The court will supervise the financial and/or health care decisions made for the ward.
During the Guardianship proceedings, the court will also consider any advanced wishes expressed by the incapacitated person. For instance, you may have a Declaration of Pre-Need Guardian document in place, which was executed while you are in good health that tells the court who you want to serve as your guardian if you become incapacitated.
What situations do Florida Guardianships cover?
Florida Guardianships can cover different situations, including:
- Adult Guardianship for an incapacitated adult
- Guardianship for adults with developmental disabilities
- Minor Child Guardianships
The court may also authorize Plenary, Limited, or Voluntary Guardianships, depending on the capacity and needs of the ward.
Are there other ways to assist someone who is incapacitated?
Yes. Florida Guardianships become necessary when there are no legal documents in place that appoint someone to handle financial or health care decisions for another. Kathleen Flammia and her team work with clients to avoid the need for Guardianship through estate planning strategies such as a Durable Power of Attorney, a Trust, a Designation of Health Care Surrogate, a HIPAA Release, and a Will.
Once your estate plan is designed to authorize specific agents to represent you during incapacity, it is very likely that you would not require a guardian.