Given the prevalence of mental illness in the United States, it is understandable that guardianship is a critical area of concern for those experiencing mental illness and for their loved ones. Historically, guardianship was a vaguely understood process without clear parameters. However, Florida law prioritizes the least restrictive form of guardianship. Florida emphasizes that its citizens keep their rights and maintain reasonable control over their daily lives, unless there is no other alternative to keep them safe. Those contemplating legal guardianship for individuals with mental illness should consult an experienced attorney to learn their legal rights.
Notice: Please note that Rebeccah Beller is a Florida attorney specializing in guardianship matters in the state of Florida. Our legal team only handles guardianships within Florida and cannot provide assistance for cases outside of this jurisdiction.
Guardianship for Adults with Mental Illness
Under Florida law, a guardian is a court-appointed surrogate decision-maker who is designated to make financial and personal decisions on behalf of an adult with mental or physical disabilities. The adult with a disability is referred to as a “person under guardianship” or “ward.”
A judge may appoint a guardian if they find that the ward cannot safely manage their belongings and assets or meet their essential health, safety, and care needs.
In Florida, guardianship can be voluntary or involuntary. However, courts tend to view guardianship as a last resort and will only establish a relationship where lesser restrictive means cannot protect the person.
Establishing Legal Guardianship for Adults with Mental Illness
Florida courts can only establish guardianships if a judge determines that the alleged ward is incapacitated and cannot make decisions for themselves. Typically, the guardianship process in Florida is as follows:
- Guardianship petition. Any competent adult can petition the court to determine another’s incapacity. After the filing, the court will appoint an examining committee of three people to evaluate the individual in question.
- Hearing. After reviewing the examining committee reports, the court will hold a hearing to determine incapacity and whether a less restrictive alternative to guardianship is possible.
- Guardianship Appointment. If the court determines no less restrictive alternative to guardianship is feasible, it will appoint a guardian.
In Florida, a court may appoint a guardian of the person, a guardian of the property, or a guardian for both.
Guardianship and Mental Illness in Florida
Guardianship is often considered a double-edged sword, as it is protective yet oppressive. While it is a tool that is intended to help people suffering from mental illness, it can also result in a serious deprivation of rights. Without guardianships, vulnerable individuals can experience unnecessary suffering. On the other hand, inappropriate and unmonitored guardianships can remove one’s fundamental right to make decisions over their own life. Further, it can be complicated and stressful to protect a mentally ill adult, particularly in situations where medications and treatment are necessary and the at-risk adult refuses to comply.
However, attorneys can often assist individuals in achieving justice and autonomy through guardianships for those with mental illness. Mental illness is a broad term encompassing various conditions and diseases. Let’s discuss some of the most common types of mental illness that may result in guardianship proceedings.
Anxiety Disorders
Anxiety disorders may severely impair and affect a person’s ability to carry out daily activities and decisions. Severe cases may significantly impact a person’s ability to engage in regular activities, such as shopping, cooking, and keeping up with appointments. In severe cases, a judge can appoint a guardian to help them cope.
Schizophrenia
Schizophrenia can interfere with one’s ability to think, manage emotions, and make sound decisions. While many people with schizophrenia can manage their illness with treatment, engaging in daily activities may seem impossible for others.
Dementia
Dementia is actually a brain disorder rather than a mental illness, but is often a reason to consider guardianship. A person in the later stages of dementia often requires assistance with their care as well as managing their assets and belongings.
Eating Disorders
Untreated eating disorders can result in serious medical complications or even death. Pharmaceuticals are often ineffective at treating this form of mental illness.
Addiction Disorders
While there are conflicting schools of thought regarding whether addictions are actual diseases or mental illnesses, addiction typically interferes with a person’s life and activities.
The primary inquiry in guardianship determinations is whether the person’s mental or physical state impairs their ability to engage in daily activities, care for themselves, and make sound decisions regarding personal affairs.
Goals of Guardianship in Florida
The general purpose of guardianship is to provide someone in place of the ward to make decisions. Guardians have a duty to act in the best interests of the ward. And although guardianships limit one’s autonomy and legal rights, guardians must try to balance empowering the ward’s rights, freedom, and personal independence.
Guardians typically have more time to interact with their ward, and as such, the guardian should strive to collaborate with the ward to make decisions if that is possible. However, the guardian can still fall back on their legal authority if collaboration fails.
Protecting the public and the ward from harm associated with their mental illness generally outweighs the desires of the incapacitated person. Despite this, guardians should still seek to allow the ward to make decisions and exercise their own judgment as much as possible.
Consult with an Attorney Experienced in Navigating Guardianship for Individuals with Mental Illness
If you believe that the need for guardianship is approaching for yourself or a loved one, it’s important to be proactive. Learning about your options and acting now—rather than waiting until it’s too late—can both reduce your stress and anxiety as well as improve the chances of reaching your desired outcome. At Beller Law, P.L., our highly skilled legal team has been helping individuals and families through the guardianship process for over 25 years. We take a hands-on, client-centered approach with every client, ensuring that we take as much time as needed to understand a client’s unique situation before recommending any course of action. To schedule a consultation, reach out to us directly or connect with us through our online contact form.