5 Questions to Ask Before Filing For an Adult Guardianship in Florida

Increasingly, for good or for ill, guardianship litigation is exploding in West Palm Beach, Orlando and throughout the entire state of Florida. Families are going to the probate court and creating a guardianship for their mom or dad, or some loved one or neighbor, who is not able to care for themselves. What do you need to know about guardianships in Florida and what are 5 things you should really consider before filing for one?

1. Before you initiate a guardianship, you should know whether or not the person, or potential ward, can really manage his or her affairs or not. The person will have to be deemed incapacitated by an examining committee or a court of law. If it’s questionable as to whether they are incompetent or not, the Florida probate judge will not deem the person incapacitated. This is because guardianships involve very serious issues of removing rights and they affect peoples civil liberties and human rights.
2. If the person is incapacitated, consider whether there is a lesser restrictive alternative to a guardianship. Is there a way to help and protect the ward without creating a formal structure in the guardianship court?
3. You should consider whether the person has a power of attorney(POA). Does the POA help the ward? Does it protect the ward? Does the POA move assets to a safe account for the ward? Does the POA pay bills for the ward?
4. You should find out if there is a living trust or revocable trust that can manage the ward’s property such as real estate cash, marketable securities, stocks, and bonds. Many people have a will and a revocable trust, also called a living trust in Florida, and that can act as a cash or investment management program during the life of the creator if they’re deemed to be incapacitated.
5. Understand that a probate court judge in Florida is concerned with one thing. The best interest and best welfare of the person who is incapacitated.