A guardian is a court-appointed individual given legal authority to make personal and/or financial decisions for a minor or an incapacitated adult. While guardianships for adults and minors have similar purposes, requiring court oversight, the legal processes and scope of their authority differ. There are two types of guardianship: guardianship of a person and guardianship of property. After the appointment of a guardian, the individual in need is known as a ward.
At Legacy Law Associates, we recognize that adults’ and minors’ needs differ due to age, life experience, and specific circumstances. If you wish to file a petition for guardianship of an adult or a minor, let us determine the most appropriate type.
Who Can Be Appointed a Guardian in Florida?
A guardian can be any competent adult who resides in Florida, including a family member, friend, or professional guardian with specialized training. Under certain circumstances, a relative residing outside of Florida may be appointed a guardian. Those with a felony conviction do not qualify for appointment. Under Florida law, an attorney’s assistance is mandatory to obtain guardianship.
A Guardian for a Minor is appropriate when:
- A minor’s parents are deceased or incapacitated
- A minor receives an inheritance, a lawsuit settlement, or an insurance settlement over what the Florida Statute allows
- The parents of a minor are deemed unfit for parenting due to issues such as abuse, neglect, or abandonment
- The parents of a minor are incarcerated
Guardianship for a minor is terminated when a child reaches the legal age of adulthood and can make decisions independently. For a child with special needs or developmental disabilities, a parent or interested party can file a petition for guardianship based on specific needs. Married or unmarried parents can file a petition to become co-guardians for a special needs adult child.
A Guardian for an Adult is Appropriate when:
- An individual reaches the age of 18 and cannot make independent decisions or manage their affairs
- An adult is deemed incapacitated by the court due to mental illness, age-related illness, developmental disabilities, or an injury
- Less restrictive means are unavailable to protect an adult’s interests, such as a power of attorney, health care surrogate, representative payee, or trust
Plenary, Limited, and Voluntary Guardianships
A plenary guardian has broad authority to make all personal and financial decisions on behalf of the ward. Florida law recognizes the importance of preserving independence, and depending on the severity of a disability, a guardian may be granted limited authority in decision-making.
In limited guardianship, the ward retains certain rights in the decision-making process. A guardian may be appointed a guardian of a person or a guardian of property. Voluntary guardianship occurs when the petitioner is the individual needing assistance to manage their affairs. There are numerous other types of guardianships based on the specific circumstances of each case.
Legacy Law: Your Trusted Advocates in Daytona Beach, Florida
At Legacy Law Associates, our attorneys work closely with clients to promote their interests and well-being. We have provided insightful counsel for decades and are known to achieve effective results quickly and efficiently. If you want to petition for guardianship or oppose another’s petition, contact us at (386) 252-2531. We are dedicated to serving you and your family in the most compassionate way possible.