If someone in your life struggles to manage their finances, health, or daily responsibilities due to illness, disability, or aging, your first thought is likely, “How can I help?” For many families, the answer lies in something called guardianship.
Understanding what guardianship of an adult who is incapacitated entails, when it might be necessary, and how to take the appropriate steps with the help of an experienced guardianship attorney is key to getting your loved one the protection they need.
Our firm guides families through the necessary court steps when there is general agreement on the need for guardianship.
What Is Guardianship of an Adult?
Guardianship of an adult is a legal way to ensure that someone unable to make important decisions has a responsible person who will act in their best interests. Through this process, the court designates a guardian who can make decisions regarding personal, medical, or financial matters on behalf of the person, often referred to as the ward.
This process is meant for situations where no other alternatives, like powers of attorney or advanced directives, are available or sufficient. Essentially, it’s about stepping into the role of advocate and protector for a vulnerable person.
When Is Guardianship Necessary?
Figuring out if guardianship is the right option can be difficult. It’s generally reserved for cases where an adult no longer has the capacity to make sound decisions. Some common examples include:
- Dementia or Alzheimer’s Disease: Conditions affecting memory and cognitive ability can make it hard for someone to manage their affairs.
- Serious illness or injury: A medical emergency, such as a traumatic brain injury, can result in a loss of decision-making ability.
- Developmental or intellectual disabilities: Some adults with disabilities may reach a point where they need help managing daily life, especially as their caregivers age.
If you’re unsure whether guardianship is the right solution, you should speak with an attorney who can evaluate the specifics of your situation.
How Does the Guardianship Process Work?
Understanding how to get guardianship of an adult in Florida can be complex, especially if you don’t have experienced legal support. While the process requires time and effort, it’s designed to balance the ward’s need for assistance with their rights to independence and autonomy. Here’s how it typically works.
Filing a Petition
The first step involves filing two petitions with the court. One asks for the adult to be declared incapacitated, and the other requests that you (or another party) become their guardian. These petitions must include details about why you believe guardianship is necessary.
Examining Committee Review
Once the petitions are filed, the court appoints an examining committee, usually made up of three professionals, such as doctors and social workers. This committee evaluates the adult’s abilities and submits a report to the court about whether they are truly incapacitated.
Court Hearing
Next, a judge will hold a hearing to determine whether the person is incapacitated and, if so, whether guardianship is appropriate. The judge will review the committee’s report and hear from interested parties before deciding.
Appointment of Guardianship
If the judge decides guardianship is necessary, they will appoint a guardian. The scope of the guardian’s authority will depend on the ward’s needs. For example, some guardianships only cover medical decisions, while others might include finances or daily care.
The goal is to tailor the guardianship to respect the ward’s rights as much as possible while providing the necessary support.
What Types of Guardianship Can You Get For An Incapacitated Adult?
Guardianship isn’t one-size-fits-all. There are different types depending on how much assistance the ward needs:
- Plenary Guardianship: This is the most comprehensive type, where the guardian has full authority over the ward’s affairs, from health decisions to financial management.
- Limited Guardianship: In this situation, the guardian’s powers are restricted to certain areas, such as managing finances or making healthcare decisions.
- Emergency Guardianship: This temporary solution is used in urgent situations where the ward’s health or safety is at immediate risk.
Deciding which type fits your situation often depends on how much the ward can still do independently. To learn more about which option best fits your situation, consider scheduling a case evaluation with an experienced probate law firm.
Common Concerns About Obtaining Guardianship For Incapacitated Adults
Many people hesitate to take the first steps toward guardianship because they’re unsure about what it involves or how it will affect their loved one. Here are some frequent concerns and how they’re addressed:
- Will this take away their independence? No one wants their loved one to feel disempowered. The court process is designed to impose only as much restriction as absolutely necessary. Limited guardianships, in particular, allow adults to maintain independence where they’re still capable.
- Is this process expensive? While there are court costs, attorney fees, and possibly evaluation fees, many families find that the peace of mind provided by guardianship outweighs the initial investment.
Ultimately, guardianship is about finding the right balance between protection and respect for autonomy, ensuring that your loved one’s needs are met while preserving their dignity. Families can navigate these challenges with confidence and care by approaching the process thoughtfully and with the right information.
Do You Need Help Obtaining Guardianship of an Incapacitated Adult? Contact Niebla Probate Firm For Experienced Support.
Becoming a guardian for an incapacitated adult is a significant responsibility. It’s not just about managing their affairs—it’s about stepping up to protect someone who needs it most. By understanding what guardianship entails and how the process works, you’re already making progress toward finding solutions for your family.
If you’re feeling unsure about where to start, don’t hesitate to reach out for guidance. Contact Miami Probate Firm for experienced support in navigating uncontested adult guardianship proceedings in Florida. We can help you feel more confident about taking the right steps.
Are you ready to find the best way to care for your loved one? Schedule a free case evaluation online or at (786) 599-1360 to explore your options.
