Florida guardianship, explained clearly.
Understanding when guardianship is needed and how the court appoints someone to protect an individual who cannot manage their own affairs.
A guardian has legal authority to make decisions in the ward’s best interest. Guardianship is the court process of assigning someone to oversee an individual’s personal or financial affairs, and the court monitors the guardian to prevent misuse of authority or funds.
Below are the two most common types of guardianship and the key differences between full and limited guardianship. A guardianship attorney can guide you through both options.
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Full guardianship gives the guardian the complete authority to take decisions regarding the affairs of the ward. This includes:
Under limited guardianship, the guardian can only perform the duties that the ward cannot do on their own. This includes four situations:
Emergency guardianship is a form of temporary guardianship. It usually arises due to an emergency. An emergency guardian is generally appointed by the court to serve the ward in times of crisis.
In general cases, the ward is either disabled or incapacitated. The court decides whether or not the individual can handle the situation themselves or cannot due to mental disability, addiction, or debilitating disease. The period for an emergency guardianship lasts for a limited time. In Florida, it is 90 days; however, it can be extended by the court’s approval if the need arises. Once the emergency has ended, the appointed temporary guardian must file a report at court. Therefore, this involves providing all the details regarding the services that they provided during the tenure.
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A court can appoint anyone who is found suitable to serve as a guardian. However, a person cannot be appointed as a guardian if they are:
Amanda Kania is the founder and managing attorney of Kania Law Offices PLLC, where she focuses on guardianship, elder law, probate and incapacity planning for clients across Florida.
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