Guardianships
A guardianship refers to court ordered management of affairs for someone who is no longer capable of managing his or her own affairs. There are two common types of guardianships under Florida law. In a limited guardianship, the ward (subject of the guardianship) would retain some decision making rights. In a plenary (or full) guardianship, the guardian would assume all decision making rights for the Ward.
Guardianships - Decision Making Rights
A guardian would monitor and make decisions for a ward regarding the following:
- Residence
- Medical treatment
- End-of-life decisions
- Estate receipt of income
- Property appraisal
- Property and asset protection
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- Appropriation of disbursements
- Release of confidential information
- Applying for benefits
- Acting as benefits representative payee
- Non-medical services - education or counseling
- Maximizing independence/minimizing restrictions
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Guardianships - Legal Services
If you are named as the legal guardian of a family member or wish to establish a legal guardianship, our lawyers at Naugle & Smith, P.L. can help you. We assist clients involved with guardianships with the following legal services:
- Assistance with incapacity proceedings (hearing to determine incapacity)
- Assistance with the appointment of a guardian
- Assistance with the preparation of annual reports to the court
- Assistance with the preparation of an annual accounting of the assets of the guardianship estate
- Assistance with the discharge of the Guardian at the end of the case upon the death of the Ward, or in the event the Ward regains capacity.
