5 Situations Leading to Guardianship in Florida

Guardianship is a legal arrangement in which a court appoints an individual or entity to make decisions for someone who is unable to manage their own affairs. While guardianship provides crucial support in certain circumstances, it is a significant legal step. Having a full understanding of when guardianship might be appropriate, who can serve as a guardian, and how a Pompano Beach guardianship litigation lawyer can assist is essential if you are beginning this process.

 Common Reasons Why Guardianship May Be Pursued

In Florida, the guardianship process is governed by strict laws to ensure the ward’s best interests are protected. The court determines the necessity of guardianship based on evaluations from medical professionals and other evidence presented during legal proceedings. Guardianship grants legal authority to a person or organization to make personal, medical, or financial decisions for someone deemed incapacitated.

Five examples of why guardianship may be necessary:

1. Dementia or cognitive decline. As individuals age, some experience Alzheimer’s or other forms of dementia, which may impair their ability to make sound decisions. Guardianship can ensure their financial assets are protected and their medical needs are met.
2. Disabilities at birth or in early childhood. Individuals with developmental or intellectual disabilities who reach adulthood but cannot manage their own affairs may require a guardian to handle financial, medical, or personal decisions.
3. Mental health crises. Severe mental illnesses, such as schizophrenia or bipolar disorder, can leave a person unable to care for themselves or make safe choices. Guardianship may be necessary to manage critical decisions during such crises.
4. Accidents and medical emergencies. Traumatic brain injuries or sudden illnesses that result in long-term incapacity can lead to guardianship. For example, an individual in a coma may need a guardian to manage their medical care and finances.
5. Substance abuse. In some cases, chronic addiction can render someone incapable of managing their affairs, prompting loved ones to seek guardianship for their safety and well-being.

State law allows a wide range of individuals to serve as guardians, including family members, friends, or professional guardians. That said, certain criteria must be met. For example, if you are pursuing guardianship for a loved one, you have to be at least 18 years old, you can’t have any felony convictions, and you need to be capable of managing their affairs responsibly.

How a FL Guardianship Lawyer Can Help

Moving through guardianship proceedings can be complicated and emotionally charged. A skilled Pompano Beach guardianship litigation lawyer can explain to you all the nuances of guardianship and talk to you about if the process is the right solution for your situation. If it is, your attorney can advocate for you and help you secure your objectives. With the right legal support, you can navigate this challenging time with confidence and care.

Are you interested in learning more about legal guardianship and your rights? Because guardianship is a powerful tool to protect vulnerable individuals, it comes with significant responsibilities and legal implications. The legal professionals at Mark R. Manceri, P.A. specialize in Estate, Trust and Guardianship litigation. Schedule a confidential consultation today.