Have you recently been named as the guardian of a child ward in Palm Beach Florida? Do you know what responsibilities you will have? You may want to see what the Fourth District Court of Appeal in Palm Beach County said in this recent case.
Guardianship
- Florida Guardianship is a system designed and overseen by courts to ensure that a child or mentally incompetent adult is properly protected under the law.
- A court determines the need for guardianship and then appoints either a personal orprofessional guardian.
- A personal guardian is usually a friend or family member but there are alsoprofessional guardian companies that offer the service, often through state funding.
- A judge may find that a person needs complete and total supervision by a guardian or may find that only partial guardianship is necessary.
- Can you think of other things a judge may find a person requires a guardian over? For example what about their social choices? Can’t a parent tell a child whom they should not associate with?
Protection
- The primary goal of a guardian is to protect the ward.
- This can mean any duty that would arise to reasonably protect the ward.
- Can you think of some of the requirements of such a duty?
S.P. by and through her natural guardian R.P. v. Vecchio & Florida, No. 4D14-14, Oct. 1, 2014.
- The Fourth District Court of Appeals regularly hears cases in and around Palm Beach County.
- S.P. was a child victim and the State of Florida, along with the Defendant in the criminal case sought to have access to S.P.’s medical records regarding the incident. The trial court allowed that to happen. Do you think that is appropriate?
- The child’s guardian (parent in this case) did not think that was right and appealed to the Appellate Court. What about the victim’s right to confidentiality with her doctor? What about a constitutional right to privacy?
- Ultimately the Court sided with the child and said that the trial Court’s order to unseal medical records was improper. Do you agree? What about the criminal’s right to a fair trial?
- Want to read more? Read the entire case by clicking here.
Palm Beach Probate Lawyers know that guardianship is a serious responsibility. Delray Beach guardians regularly face issues of how to protect the interests of their ward through the legal channels of Florida.