Guardianship

Guardianship is a legal process where a court appoints an individual (the guardian) to make decisions for another person (the ward) who can no longer do so themselves. This can include personal, medical, and financial decisions.

Guardianship is appropriate when there are not less restrictive ways to help an individual. If a person has a power of attorney, for example, who is able to do the person’s banking, this might avoid the need for a guardianship.

Types of Guardianship

Florida has a Guardians of Person and a Guardians of Property. One person can be both Guardian of Person and of Property, or it can be different individuals. A person may not require both, depending on the circumstances.

Scope of Guardianship

Guardianship can be limited or plenary. A limited guardianship is a determination that an individual is incapacitated in certain areas of their life and removes certain rights from the person — subject to the limitations set forth by the Court. A plenary guardianship is a determination that an individual is completely incapacitated and needs someone to manage most or all aspects of their affairs.

Guardian’s Responsibilities

Guardians are tasked with making decisions that are in the best interest of the elderly parent, including healthcare decisions, managing finances, and ensuring their general welfare.

Taking on this role is a significant decision, requiring a deep commitment to safeguarding your loved one’s health, safety, and financial security.

The Process of Establishing Guardianship

Initiating guardianship typically involves these steps:

1. Petitioning the Court: Two petitions get filed to start a guardianship case — a Petition to Determine Incapacity and a Petition to Appoint a Guardian.
2. Investigation of Incapacity: The Court will appoint an examining committee to meet with the alleged incapacitated person. Each member of the committee will submit a comprehensive report including their conclusions as to whether the person is incapacitated. If a majority of the committee determines the individual is not incapacitated, the petitions are dismissed.
3. Court Hearing: Attending a hearing where the court hears and reviews the evidence and determines whether guardianship is warranted and who should serve as guardian.

Understanding the legal requirements for establishing guardianship is crucial for those seeking to protect their elderly parents.

Conclusion

Guardianship for elderly parents is a profound responsibility that requires careful consideration, legal knowledge, and compassion. It’s a protective measure that ensures the well-being of a parent who can no longer make decisions independently.

At JC Elgin, PA, we help families navigate complex guardianship and elder law matters. If you’re considering guardianship for an elderly parent, consulting with an experienced attorney can provide valuable guidance.