Guardianship cases require detailed filings, independent evaluations, and a court hearing. An attorney can help you present complete information, keep the case moving, and seek an arrangement that protects your loved one while respecting the decisions they can still make. Beller Law, PL, helps Florida families understand their options, prepare their cases, and seek arrangements suited to their loved ones’ needs. Attorney Rebeccah Beller brings more than 25 years of trial experience to families in Duval, Clay, and St. Johns counties.
What Is a Legal Guardianship for Adults in Florida?
Through a guardianship, a court grants a qualified person or organization the authority to make specific decisions for someone who cannot make them independently. Families commonly seek guardianship when illness, injury, dementia, or another condition causes an adult to lose the ability to make informed decisions. The person under guardianship is called a ward.
Establishing legal guardianship for adults in Florida can restrict the ward’s fundamental freedoms. Depending on the adult’s abilities, a court may restrict their rights to manage their:
- Contracts,
- Lawsuits,
- Government benefits,
- Property management,
- Residence,
- Health care, or
- Social decisions.
The court transfers rights to the guardian to exercise on the ward’s behalf. The court may remove certain rights, including the right to vote and to hold a driver’s license, that the guardian cannot exercise on the ward’s behalf.
Florida guardianship laws require courts to consider the adult’s unique needs and remove only those rights the adult cannot truly exercise. The court must determine that a guardianship is the least restrictive arrangement that provides sufficient help to your loved one. If your loved one already has a durable power of attorney and designation of health care surrogate, then a guardianship may not be needed.
How to File for Guardianship in Florida
To establish a guardianship, you file legal documents, which your attorney prepares, asking the circuit court to evaluate your loved one’s decision-making abilities and appoint you as their guardian. The court then appoints a separate attorney for your loved one, selects three qualified professionals to evaluate them, and holds a hearing.
Consult a Guardianship Attorney in Florida and Gather Information
Before filing, you and your guardianship attorney in Florida identify the decisions your loved one has difficulty making and the problems that result. Your attorney may ask about your loved one’s:
- Physicians,
- Medical conditions,
- Daily abilities,
- Care options,
- Finances, and
- Existing estate-planning documents.
Using the information you provide, your attorney evaluates which rights the guardian will need and requests those powers in your legal paperwork.
Ask the Court to Evaluate Your Loved One
The next step in how to file for guardianship in Florida is asking the court to determine what rights your loved one can exercise and, relatedly, asking the court to appoint your proposed guardian. Your written documents must explain:
- The facts showing your loved one requires assistance,
- The rights they cannot independently exercise,
- The rights you are requesting be placed under guardianship, and
- Why less restrictive alternatives to guardianship would not fit the circumstances.
Your attorney connects your loved one’s condition to the particular decisions they cannot understand, make, or communicate, and to the powers you are requesting.
Complete the Independent Evaluation
Within five days, the court appoints a three-member examining committee to evaluate whether your loved one needs a guardian and what the least restrictive guardianship would be. Each committee member examines your loved one and evaluates their ability to exercise the rights at issue.
After that evaluation, each member submits an individual report describing your loved one’s abilities and appropriate treatment or assistance. If most committee members conclude that your loved one has capacity in every area, the court must dismiss the request.
Attend the Incapacity Hearing
While the committee completes its evaluations, you and your attorney prepare for the hearing. Meanwhile, the attorney appointed by the judge to represent your loved one will meet and review the guardianship request. At the hearing, the judge considers the committee reports and other admissible evidence concerning your loved one’s abilities. Your loved one generally attends and may participate through their attorney.
At the hearing, you and your attorney introduce evidence, often in the form of testimony about what your loved one can and cannot do, to supplement the written documents you submit. Once the hearing concludes, the judge decides whether the proposed ward lacks the capacity to exercise certain rights.
The court then considers whether a guardianship is the least restrictive way to ensure the proposed ward’s needs are met. If yes, the judge considers who to appoint as guardian.
Obtain the Guardian’s Appointment
When you request that the court establish a guardianship, you typically nominate a specific person to fill the role. The court then determines whether your proposed guardian is eligible, qualified, and suitable for the role.
A proposed guardian generally must complete a background investigation and satisfy education and administrative requirements. A guardian who will control property may also need to pay a temporary bond to protect your loved one’s assets.
After selecting a guardian, the court issues an order that specifies exactly which of the ward’s rights transfer to the guardian. Your loved one retains every right the court does not specifically remove.
Speak with a Guardianship Attorney in Florida
A guardianship case asks the court to balance your loved one’s immediate need for protection against their right to remain as independent as possible. Accurate filings, specific evidence, and a carefully tailored request help the court understand what assistance your loved one needs while protecting the rights they can still exercise.
Beller Law, PL, helps families pursue guardianship arrangements that respond to a loved one’s actual needs. With more than 25 years of trial experience, Rebeccah Beller can guide you through the process and help you provide what your loved one needs. Contact us for a consultation.