A guardianship is a legal proceeding in the circuit courts of Florida in which aguardian is appointed to exercise the legal rights of an incapacitated person and is governed by Chapter 744, Florida Statutes. To be appointed as a guardian you need to file a petition with the Court and the Court must find that guardianship is appropriate. Importantly in Florida a guardian must be represented by an attorney.
- In Silveira v. Guardianship of Quiroga a case that was handed down in January of this year, the Court outlined the obligation of guardian and also how a guardian obtains that status.
- The petitioner’s sister Ana Maria Quiroga had been declared incompetent and the Guardianship Program for Miami Dade was appointed guardian.
- Ms. Silveira as the ward’s sister sough to have herself appointed as guardian.
- A guardian is an individual or institution (such as a nonprofit corporation or bank trust department) appointed by the court to care for an incapacitated person — called a “ward” or for the ward’s assets.
- The Court noted that she had not filed the paperwork properly and as such would not have guardianship granted despite the fact that Florida Statutes favor appointing a family member of a County Program.
This case has a lot you can learn from as any individual whose going through Guardianship in a Florida Probate Court. Whether its your grandmother in Boca your sister in West Palm Beach or a disabled son in Ft. Lauderdale we all have people we want to protect, who cannot protect themselves. Guardianship is a great vehicle for doing that if you can remember these four things:
- The Devil is in the Details: In this case guardianship was not granted for lack of trying. The Petitioner had filed numerous motions and petitions to no avail. Why? Because her documents were not in conformity with the Florida Statutes, which are all available free online.
- Just Because You Don’t Have an Attorney Does Not Mean Your Getting a Break. To the contrary, the standard in Florida is that pro-se litigants (those that go into court without counsel/an attorney) are held to the same standard as a competent attorney.
- Once You Acquire Guardianship Status YOU HAVE TO have counsel. Florida Statues are clear on this for more see Florida Probate Rule 5.030(a) which states in relevant part guardians “shall be represented by an attorney admitted to practice in Florida.” This means if you’re a Georgia lawyer who has guardianship over an adult mother in Boca Raton that you need to retain counsel.
- Time is of the Essence. The majority of guardianships are for aging relatives, and time is always of the essence. In this case another agency was making medical decisions for the petitioner’s sister in the meantime, and no one wants that.
Want to learn more? Read the entire case decision here: http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CCAQFjAA&url=http%3A%2F%2Fwww.courthousenews.com%2Fhome%2FOpenAppellateOpinion.aspx%3FOpinionStatusID%3D131322&ei=rmXjVMDeJ4e6ggSo5YCQBQ&usg=AFQjCNG9T0pu-a0KhEsPUFQ0SnaZLx5jsw&sig2=ovyNL7S_BQpY60L7Kcg3qA&bvm=bv.85970519,d.eXY