Guardianship over a person and/or the person’s property sometimes becomes necessary due to a person’s age, disability, or incapacity. Florida recognizes the least restrictive means method of Guardianship, which means that proper advanced planning by execution of a durable power of attorney, health care directive and/or living will may help avoid costly guardianship altogether. But not all situations lend themselves to advanced planning, and in those situations where none of these documents exist, a person will have to Petition for Incapacity and seek guardianship over the person and/or property. A person for whom a guardian has been appointed is called a “ward” and during the course of the appointment of the guardian over the ward, the court provides careful oversight of the guardian’s acts on behalf of the ward by requiring court permission for certain acts, and filing of annual reports and accountings.
Seeking guardianship can be a very emotional, but necessary, undertaking. It is important to choose an attorney who not only understands guardianship laws and procedures to help ensure that all the court’s requirements of the guardian are being met during the course of the appointment, but who can guide you through the process with compassion and understanding. Allen Law, P.A., P.A. understands and can help.