When a loved one is unable to make decisions due to age, illness, or disability, a legal guardian may be needed to protect their best interests. Families often struggle with questions like:
- Who can make financial or medical decisions for an aging parent?
- How do I protect a loved one with dementia or special needs?
- What are the legal steps to becoming a guardian in Florida?
At Elderly Care Law Firm, we help families navigate the guardianship process to ensure their loved ones receive the care and protection they need.
What is a Legal Guardianship, and When is it Needed?
Guardianship is a legal process where a court appoints someone to make decisions for an individual who can no longer manage their own affairs. This may be necessary when:
- A senior has Alzheimer’s or dementia and is unable to handle finances.
- A disabled adult needs help with medical or financial decisions.
- A minor inherits money or assets that require oversight.
What Are the Different Types of Legal Guardianships in Florida?
Florida law allows for different types of guardianship, depending on the situation:
- Guardian of the Person – Makes medical and personal care decisions.
- Guardian of the Property – Manages financial matters and assets.
- Plenary Guardianship – Full decision-making authority over both personal and financial matters.
- Limited Guardianship – Allows a guardian to make specific decisions while the person retains some rights.
How Do I Become a Legal Guardian?
Becoming a guardian in Florida involves a court process to ensure the individual truly needs protection. Steps include:
- Filing a petition with the court to request guardianship.
- Medical evaluation to determine incapacity.
- Court hearing where a judge reviews the evidence.
- Appointment of the guardian, who must follow court guidelines.
The process can be complex, but our law firm guides families every step of the way.
What Rights Does a Guardian Have?
A guardian is responsible for making decisions in the best interest of their loved one.
This includes:
- Managing healthcare and medical treatments.
- Handling bank accounts, bills, and property.
- Ensuring the individual lives in a safe environment.
However, guardians must also report to the court and follow legal requirements to prevent abuse or misuse of power.
How Can a Guardianship Attorney Help?
At Elderly Care Law Firm, we help families:
- Understand whether guardianship is necessary or if alternatives (like power of attorney) might work.
- Navigate the court process to establish legal guardianship.
- Ensure their loved one’s rights and well-being are protected.
If you are considering guardianship for a loved one, call Elderly Care Law Firm at (305) 564-6606 today for a consultation