Imagine facing a situation where a loved one can no longer make sound decisions about their own welfare, but you’re left unsure of the next steps. Legal guardianship can offer a way forward, allowing family members to make essential decisions on behalf of those who are unable to make them independently due to age, disability, or incapacity.
Guardianship attorneys in Florida at Robinson & Casey, PLLC are ready to help you navigate this complex process so you can focus on caring for your family. Call us today at (561) 849-4700 to discuss your options.
Understanding Legal Guardianship
Legal guardianship grants an individual the legal right and duty to make decisions on behalf of another person, called the ward, who cannot make those decisions independently. Florida’s guardianship laws fall under Chapter 744 of the Florida Statutes, which governs how guardianships are established, the roles and duties of guardians, and the oversight processes that protect the ward’s rights.
Unlike power of attorney arrangements, which are often voluntary and do not remove any of the individual’s rights, legal guardianship can entail a significant transfer of authority and responsibility, particularly when an individual’s mental or physical capacity is compromised.
Types of Guardianship in Florida
Guardianship of Minors
In cases where a child’s parents are unable or unfit to care for them, a guardian may be appointed to make decisions on the child’s behalf. Minor guardianships often involve:
- Day-to-day care and decision-making about education, healthcare, and welfare.
- Financial management for minors with inherited assets or large settlements until they reach adulthood.
Guardianship of Adults
Adult guardianships are typically established when an adult lacks the mental or physical capacity to make decisions independently. Florida requires an evaluation by an examining committee to determine if the adult is incapable, followed by a court hearing to assess the need for guardianship.
Limited vs. Plenary Guardianship
- Limited Guardianship: Appropriate when an individual can make some, but not all, decisions for themselves. The guardian assumes specific responsibilities, as ordered by the court, and the ward retains their other rights.
- Plenary Guardianship: Grants the guardian full control over the ward’s personal and financial affairs. Courts issue plenary guardianships only when the ward is deemed fully incapacitated.
Guardian Advocacy
Guardian advocacy is an alternative for adults with developmental disabilities. Unlike other guardianship types, it does not require a formal finding of incapacity. This type of guardianship is particularly suitable for families with children transitioning into adulthood who need ongoing support with decision-making.
The Guardianship Process in Florida
The process of establishing legal guardianship in Florida is designed to protect both the ward and the family, ensuring that guardianship is only granted when truly necessary.
Initiating the Process
To begin, a family member or interested party files a petition with the court. This petition may include a petition to determine incapacity if the guardianship involves an adult. Once the petition is filed, the court appoints an examining committee—a panel of medical professionals and experts—to assess the individual’s capacity.
Evaluation and Hearing
The examining committee evaluates the proposed ward and submits a report to the court. If the report supports the need for guardianship, the court schedules a hearing to review the findings. During the hearing, family members may present evidence, and the judge determines if guardianship is warranted.
Appointment of a Guardian
Once the court approves guardianship, it issues letters of guardianship to the appointed guardian, which officially grant them legal authority.
Legal Representation and Costs
Establishing guardianship in Florida involves several costs, starting with court filing fees of around $200 to $500. Additionally, both the prospective guardian and the ward must have legal representation, which often constitutes a significant portion of the total expenses. Attorney fees vary widely based on case complexity:
- Uncontested cases: ~$2,500 to $5,000
- Contested or complex cases: ~$7,500 to $15,000+
Examining Committee Fees
For adult guardianship, an examining committee assesses the ward’s capacity, typically costing $900 to $1,500 for three evaluators.
Background Checks and Bonding
Prospective guardians undergo background checks, costing about $50 to $100. When managing substantial assets, guardians may need a surety bond, costing $500 to several thousand dollars annually based on the estate’s value.
Ongoing Reporting Costs
Guardians must submit yearly reports, which may require accounting services costing $500 to $1,500. Some cases also incur auditor fees if the court requests further review.
Payment from the Ward’s Estate
When possible, the court may allow these expenses to be covered by the ward’s estate, but this requires court approval. If the ward’s resources are insufficient, families may need to cover the costs themselves.
Duties and Responsibilities of a Guardian
Guardians assume specific legal responsibilities, which vary based on the ward’s needs. The court monitors guardians to ensure they act in the ward’s best interest.
Guardian of the Person
A guardian of the person makes decisions about the ward’s care, living arrangements, and medical treatment. These guardians often:
- Make medical decisions in consultation with healthcare providers.
- Arrange for appropriate housing or residential care.
- Ensure the ward’s safety, well-being, and comfort.
Guardian of the Property
This guardian manages the ward’s financial affairs, ensuring responsible handling of income, assets, and expenses. Duties include:
- Creating and maintaining financial records for court reviews.
- Making investment decisions that align with the ward’s best interest.
- Paying bills, debts, and taxes from the ward’s resources.
Reporting and Accountability
All guardians in Florida must file annual reports with the court, detailing financial activities and the ward’s condition. Courts review these reports carefully to ensure the guardian is fulfilling their duties responsibly.
Rights of the Ward
Preservation of Civil Rights
Florida courts work to retain as many rights as possible for the ward, balancing protection with independence. Rights that may be preserved include the right to vote, manage personal income, or make certain decisions independently.
Restoration of Rights
If a ward regains capacity, Florida law allows for the restoration of rights through a court process. Guardians or family members may petition the court to restore certain rights based on medical evidence or other supporting documentation.
Get the Protection Your Family Deserves
When your loved one’s well-being is at stake, you want the reassurance of knowing their needs will be met with care and integrity.
Contact Robinson & Casey, PLLC, today at (561) 849-4700 for a consultation, and let us help you make the best choices for your loved one’s security and protection.
