Florida Limited Guardianship Attorneys – West Palm Beach
When is guardianship necessary?
Guardianships are legal arrangements that help protect individuals who may lack the capacity to manage some of their personal, health, or financial affairs. In Florida, as in many other states, there are various types of guardianships tailored to specific needs and situations. A limited guardianship offers a flexible option for some families in Florida.
What is a limited guardianship in Florida?
A limited guardianship in Florida is a legal arrangement established by the court when it determines that an individual, referred to as the “ward,” lacks the capacity to manage some aspects of their life but not all. The court appoints a guardian with specific authority to make decisions and take actions on behalf of the ward in limited areas, such as personal matters, healthcare, or finances. This type of guardianship allows the ward to maintain some level of autonomy and decision-making ability while still receiving necessary assistance and protection.
Limited guardianship vs Plenary guardianship
In situations where an individual faces challenges in making decisions due to a disability, the appointment of a plenary guardian who assumes control over all aspects of their life may not always be necessary. Instead, the legal system in Florida provides for an alternative known as limited guardianship. This alternative recognizes that individuals may have varying degrees of capacity, and it aims to strike a balance between safeguarding their well-being and preserving their rights and autonomy.
Preservation of Fundamental Rights
One of the primary objectives of a limited guardianship is to enable the person to retain as many fundamental rights as possible. Limited guardianship allows the court to appoint a guardian to make decisions for the individual only in areas where they lack the capacity to do so independently. In other words, the person retains the right to make decisions in areas where they are capable.
Customized Decision-Making
Unlike a plenary guardianship, which assumes a complete lack of decision-making capacity, a limited guardianship is tailored to the specific circumstances of the individual. The court assesses the person’s abilities and limitations on a case-by-case basis. This personalized approach ensures that the person’s rights are protected while addressing their unique needs and challenges.
No Broad Finding of Incapacity
It’s important to note that a limited guardianship does not involve a broad finding by the court that the person is an incapacitated adult. The court’s determination is based on specific facts and circumstances, allowing for a more nuanced understanding of the person’s capacity and needs. This approach is consistent with the legal principle of imposing the least restrictive limitations to protect the individual’s rights and well-being.
Court Preference for Limited Guardianships
Florida courts prefer the appointment of limited guardians over plenary guardians if the option is available under state law. This preference aligns with the goal of upholding the person’s rights and ensuring that the intervention is as minimally restrictive as possible.
Example of when a limited guardianship might be needed:
Aging Parent
Consider Sarah. She’s 75 years old and the mother of Michael. Sarah has developed a disability as she’s gotten older. She is now facing physical challenges in taking care of herself. However, despite these physical limitations, Sarah retains her sharp cognitive abilities. She’s fully capable of directing others to help with her daily needs and even managing her financial affairs with a bit of guidance. To help his mother, Michael is considering a limited guardianship. He believes this may be the best way to provide her with the support she needs while respecting her autonomy and decision-making capacity.
Limited Guardianship Attorneys – Here when you need them
Limited guardianships in Florida offer a balanced approach to guardianship, allowing individuals with varying degrees of decision-making capacity to maintain their fundamental rights while receiving the support they need.
If you are considering pursuing a limited guardianship for yourself or a loved one, it is crucial to consult with an experienced attorney who can guide you through the legal process and help ensure that the individual’s rights and well-being are protected.
