Mental Health & Guardianship:

Mental health illnesses can have a profound effect on an individual’s life, often affecting their capacity to make sound decisions and manage their personal affairs. Common signs that may necessitate the involvement of a guardian include:

Balancing Independence with Care

Dealing with severe mental illness adds complexity to the process of securing guardianship. Since symptoms can come and go, individuals often resist court-mandated support, posing challenges for the court in assessing their capacity to self-care. Our firm understands the delicate balance between protecting an individual’s autonomy and ensuring their well-being. Our foremost goal is to interfere as little as possible with a person’s independence, seeking to intervene only when there are issues relating to health, safety, or exploitation.  We work diligently to create a guardianship arrangement that respects the individual’s rights and dignity while providing the necessary support and safeguards to help them lead a fulfilling life. Your loved one’s best interests are at the heart of our approach, and we are here to navigate this complex journey with you.

Appointing a Guardian

A legal guardian, appointed through a guardianship process, assumes significant responsibilities to care for their ward. This includes having legal authority over specific aspects of the ward’s life, such as medical treatment and personal finances. For instance, in cases where an individual grapples with severe bipolar disorder and experiences manic episodes leading to excessive spending or credit card debt, a guardian may step in to protect their savings and ensure they receive necessary care during these periods.

The process of seeking guardianship involves establishing in court that the loved one in question lacks the capacity to independently manage their personal and financial matters. This determination is made through a thorough assessment conducted by a committee of experts, typically composed of one physician, and two qualified evaluators with expertise in the area of the alleged incapacity. This assessment covers physical and mental health examinations, as well as a functional evaluation. In cases where the incapacitated person objects to aspects of the guardianship, an attorney may be appointed to advocate for their rights. It’s important to note that Florida courts prioritize the use of the least restrictive measures to safeguard those unable to care for themselves, and guardianships are not always permanent.

Types of Guardianships in Florida

In the state of Florida, the legal system recognizes various types of guardianships to address specific needs and circumstances of individuals who may require protection and assistance. Understanding these distinct categories is essential when considering guardianship for a loved one.

We’re there for you when you need it most

The journey towards guardianship is a deeply personal and often challenging one. We’re here to provide the expertise, compassion, and support needed to guide you through this complex terrain. Our commitment is to empower you and your loved one with the knowledge and resources required to make informed decisions that protect their well-being and financial interests. Whether it’s navigating the different types of guardianships or addressing unique challenges, your family’s best interests remain at the heart of our mission. You’re not alone in this, and we stand ready to assist you every step of the way.