Florida guardianship refers to the legal process in the state of Florida where a court appoints a guardian to make decisions on behalf of an individual who is unable to make decisions for themselves due to incapacity. The purpose of guardianship is to ensure the well-being and protection of individuals who are unable to handle their personal, financial, and legal affairs.

There are two main types of guardianship in Florida:

Guardianship of an Incapacitated Adult:

This type of guardianship applies to adults who are deemed incapacitated by the court due to physical or mental impairments. The court appoints a guardian to make decisions related to the person’s healthcare, living arrangements, financial matters, and other necessary aspects of their life. The guardian acts as a legal representative and advocate for the incapacitated individual.

Guardianship of a Minor:

When parents are unable to fulfill their parental responsibilities or when it is in the best interests of the child, the court can appoint a guardian to care for and make decisions on behalf of a minor child. The guardian assumes legal responsibility for the minor’s well-being, education, healthcare, and other essential aspects of their life.

The process of establishing guardianship in Florida involves filing a petition with the court, providing evidence of the person’s incapacity (or the need for a guardian for a minor), and going through a legal process that includes an evaluation of the person’s capacity and an investigation by the court. The court will appoint a guardian if it determines that guardianship is necessary, in the best interests of the individual, and the least restrictive means of providing care.

The appointed guardian in Florida has the legal authority and responsibility to act on behalf of the incapacitated person (or the minor), making decisions in their best interests and managing their affairs. The court maintains oversight to ensure the guardian fulfills their duties properly and in accordance with Florida law.

Guardianship in Florida is a significant legal responsibility, and the process can be complex. It is recommended to consult with an experienced attorney specializing in guardianship law to understand the specific requirements, navigate the legal proceedings, and ensure the protection and welfare of the individual under guardianship.

Guardian Advocacy

Guardian Advocacy in Florida is a legal process that provides a less restrictive alternative to full guardianship for individuals with developmental disabilities. It allows family members or other interested parties to obtain legal authority to make decisions and provide support for individuals with developmental disabilities who lack the capacity to make decisions in specific areas of their lives.

Guardian Advocacy is governed by Chapter 393, Florida Statutes, and is designed to promote the self-determination and independence of individuals with developmental disabilities while ensuring their safety and well-being. It recognizes the importance of involving individuals with disabilities in decision-making to the greatest extent possible.

Guardian Advocacy in Florida is an important legal tool that aims to protect and support individuals with developmental disabilities while respecting their rights and promoting their independence. If you are considering Guardian Advocacy, it is advisable to consult with an attorney experienced in disability and guardianship law to navigate the process and understand the specific requirements and responsibilities involved.