What is a guardianship? When is a guardianship necessary? Can an Orlando guardianship help to protect my mother who has dementia? Guardianships are not the only means of helping an incapacitated person in the State of Florida. In fact, Florida Guardianship Law actually requires the use of the least restrictive alternative to protect persons incapable of caring for themselves and managing their financial affairs whenever possible. What does this mean? What is an acceptable less restrictive alternative to a guardianship?
Section 744.331(6)(b) provides:
- When an order determines that a person is incapable of exercising delegable rights, the court must consider and find whether there is an alternative to guardianship that will sufficiently address the problems of the incapacitated person.
- A guardian must be appointed to exercise the incapacitated person’s delegable rights unless the court finds there is an alternative.
- A guardian may not be appointed if the court finds there is an alternative to guardianship which will sufficiently address the problems of the incapacitated person.
What does this mean for your family or loved ones in Boca Raton who may need legal assistance? West Palm Beach Probate litigation attorneys will tell you that if a person creates an advanced health care directive, a durable power of attorney, or a trust, while competent, he or she may not require a guardian in the event of incapacity.