How to Start a Guardianship

Here are the 4 things which you need to know on how to start a guardianship in Florida.

All you need to know about how to start a guardianship in Florida

First, most (…………………..OK… a lot of……………….) guardianship law in Florida is in the code.

A set of laws or statutes. See Chapter 744 and read to your heart’s content.

You will candidly be surprised how much you can learn in one hour about how to start a guardianship.

What’s good about this chapter is that it also explains the procedure.

Two, you have to file two petitions.

One petition says “hey… I think someone can’t make their own decisions. They need assistance.” This is often referred to as a petition for incapacity. It’s serious stuff. The Petitioner is notifying the Court that someone needs assistance and protection. That they may be vulnerable. And… that they cannot, or should not, exercise certain rights.

The second petition is a petition for appointment of guardian.

A guardian may make ALL the decisions for the person. Or only some. Who decides what rights get taken away? The probate judge handling your guardianship trial.

Power of attorney, health care proxies and trusts

And the guardian may make decisions for the “person”….like personal decisions. Your social environment, where you live, who you see or don’t see, your health care decisions. Or, the guardian may be for one’s property. Who pays the bills, invests the money, spends or (not spending) the person’s money. What do to with that house or real estate? Sell it or keep it?

That’s why experienced guardianship litigators, who handle “contested” hearings and guardianship trials, refer to this as “fighting” over the “power and the purse.” …. who can make decisions and who handles the money and property.

Third, are there “lesser restricted alternatives” that adequately address the needs and problems of the person? What does THAT mean? The Court will want to know if there is a health care proxy, a power of attorney, a property management system like a trust……………………or not.

Finally, if the person does not have a POA, or a revocable or living trust or a health care proxy, or a pre need guardian appointment, then WHO will be the guardian?

And……. EVEN IF one has all those things, if those things do NOT adequately address the needs and problems of the person, then a guardian should be appointed.

So, you need to know if you want to ask the Court to appoint an independent, non-family-member professional guardian………..or if a family member should be the guardian.

All you need to see….. free Florida guardianship videos

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Here is a LINK to a number of brief, focused and high quality legal commentaries and videos on how to start a guardianship.