What do Florida Residents Need to Know About Different Types of Guardianship in Florida Probate Court?

Uncategorized • Feb 4, 2016

What do you need to know about guardianship in Florida? Florida guardianship lawyers know that this is one of the hardest petitions for a client to decide to file with the probate court. Many people know of how guardianship can help with elderly wards but what about those who are incapacitated due to mental disability? A limited guardian may be a prudent choice, speak to estate attorneys Florida to learn more.

Florida Guardianship

What is guardianship in Florida?
Florida probate lawyers know that the probate court governs the guardianship process, do you know what that means?
Guardianship is a form of protection whereby a guardian is appointed over a ward.
Wards in Florida can be minors or incapacitated adults.
Florida estate lawyers know there are a few options when it comes to guardianship.
For example, a probate attorney Florida may recommend a limited guardianship in some cases.
This is good for when someone may have mental capacity to exercise some rights but not others.
For example, perhaps you are ok with a relative making social decisions or driving but not handling money or other financial issues.
On the other hand, a Florida guardianship lawyer may suggest what is called a plenary guardian.
Do you know what that is?
Plenary basically means the guardian has full rather than limited authority over the ward.
When do you think that is appropriate?
Check out this recent guardianship appeal do you think a limited guardian is a good option here?

Gort v. Gort

This was a guardianship appeal from the Fourth District Court of Appeal in Palm Beach, Florida.
Do you know why it is the Florida probate court that deals with guardianship?
In this case one brother had petitioned to be the limited guardian of his brother who suffered from paranoid schizophrenia and auditory hallucinations.
The brother felt that he did not need a guardian.
What is interesting is how a guardian can have limited authority that is unique to the circumstances.
For example, here, the issue was should the ward be able to enter into contracts.
What do you need out of a limited guardianship in Florida?
Talk to an estate lawyer in Florida today to see if that is possible.

Want to learn more?

Check out the entire case by clicking here.

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