If your parent is beginning to show worrying signs of aging, you might consider a guardianship. This legal step can help you protect your parent against various threats, and it could shield your family wealth in various ways. However, filing for guardianship is not always easy, and Florida courts take this entire process seriously. Guardianship is also a major responsibility, and you must be prepared to take on new duties and obligations under this new role. If you are considering filing for guardianship in Florida, consider speaking with an experienced lawyer as a first step.
What is a Guardianship?
A guardian is someone who has the legal authority to make decisions on someone else’s behalf. This other person is called a “ward,” and they could be a disabled person, a child, or a senior with certain life challenges. A guardian gains many powers over the ward, but they also shoulder many new responsibilities. Guardians must ensure the well-being of their wards, and they face consequences for failing in this regard. They also face very serious consequences for abusing their power.
Florida Courts describe guardians as “surrogate decision-makers.” Guardians have the power to make all kinds of decisions on subjects involving housing, finances, healthcare, and more.
Florida Courts are Often Reluctant to Grant Guardianships
If you would like to become the guardian of your elderly parent, you should know that Florida courts are quite reluctant to grant this kind of power. You have to remember that a guardian may control almost every aspect of a ward’s life. If there is any indication that the ward is still able to make decisions over their own life, the court may prefer to take alternative steps. Florida courts clearly indicate that a guardianship is effectively the “last resort” to deal with a parent who may be struggling to make their own decisions.
Florida believes that other alternatives require consideration before it grants guardianships. These alternatives may include powers of attorney, trusts, health care surrogates, and pre-need directives. Courts will only consider guardianships when all of these alternatives prove unsuccessful.
As a result, you might want to consider these alternatives before moving forward with a guardianship. You and your parent might agree to make decisions mutually in the future. You might formalize this agreement with a contract, or you might simply make an informal promise to each other. With this type of arrangement, your senior might be obliged to consult you before making major financial or medical decisions.
You might also consider a power of attorney or healthcare surrogate, and these steps could be particularly effective if your senior is not yet mentally incapacitated. If they are still capable of understanding the consequences of their decisions, they could create these estate planning documents and give you decision-making power once they become incapacitated.
When Might Guardianship Be Appropriate?
Guardianships are appropriate if your senior parent clearly no longer has the ability to make or understand major life decisions. For example, they might be suffering from dementia. If this is the case, then you can immediately pursue a guardianship. The court should recognize the need for this form of legal protection, and you can work with a lawyer to finalize the process. Doing so could protect your senior from fraud, and it might make it easier to ensure they receive high-quality medical care.
Requirements for Guardians in Florida
Before you file for guardianship, you must meet various requirements set forth by Florida courts. First, you must be at least 18 years old to carry out your responsibilities as a guardian. Those who are not legal residents of Florida may only serve as guardians under certain circumstances, and you must be related to the ward by blood, marriage, or adoption.
If you have been convicted of a felony in the past, you cannot serve as a guardian in the State of Florida. If you have any kind of mental or physical illness that affects your ability to serve as a guardian, you may also be disqualified. If you have a history of child abuse or neglect, you also lose the right to become a guardian. In addition, you might need to go through certain background checks during this process.
If the ward is your parent and you have a clean record, you should not have any issues when qualifying to become their guardian.
How to Apply to Become a Guardian
If you want to become your parent’s guardian, you have to fill out an application. You will need to list your various qualifications in your application, and an experienced attorney can help you express what makes you a suitable choice for this responsibility. Various forms are required, and you might first need to fill out a “Petition to Determine Incapacity” before moving forward with this process. As the name implies, this petition will help confirm that your elderly parent has become mentally incapacitated.
Other relevant forms might include the Petition and Order of Guardianship, the Letters of Guardianship, the Guardianship Plan, and the Petition, Notice, and Order for Appointment. You can find all of these forms online, and they should be relatively easy to fill out.
The Guardianship Plan is an important document, and you’ll use this form to describe how you will help the ward. Your lawyer can help you create a clear plan for the future, helping courts understand your role in your parent’s care.
Can a Florida Guardianship Lawyer Help Me?
If you are serious about filing for guardianship of your elderly parent, consider contacting an experienced guardianship lawyer in Florida. These legal professionals can assess your unique family situation and recommend the most optimal way forward. The first step is to determine whether guardianship is even appropriate in your situation, as other strategies could be more suitable. If you are ready to begin this process, your lawyer can help you prove to the court that your elderly parent needs help from a legally appointed guardian. Contact Elderly Care Law Firm today to discuss this subject in more detail.
