When should I file for Florida guardianship? 5 things for family members to consider

Are you thinking about filing for guardianship in Florida?  If so, you should know a few things before you get into a guardianship case.  Here are 5 things family members should know about filing for guardianship in Florida. In this Florida guardianship commentary, we are talking about a guardianship over an adult person, such as your mom or dad in Florida.

1. Serious stuff.   Thinking about filing for guardianship in Palm Beach?  Well, understand that Guardianships in Florida are serious stuff.  Do you realize that you are asking a Probate Court Judge to intervene in someone’s life?  That Palm Beach probate court judge is being asked to take away someone’s right.  Since we are dealing with someone’s civil liberties and human rights, Florida guardianships are serious business.  A Delray Beach probate court, for example, may, or may not, remove the right to vote, or to drive, or to determine where someone lives, or who someone can associate with. Also, family members and boyfriends and girlfriends need to know that if mom or dad are still with it, but may be slipping a little, they may, maybe not, be upset if you file for guardianship.  How do you handle dad when filing for guardianship may upset him but you know it’s the right thing to do?  This is a personal, family issue or matter that may be just as important as the legal issues which  your Palm Beach guardianship lawyer helps you with.   Remember:  in a Palm Beach Gardens guardianship, not only are someone’s civil liberties and human rights at stake, as well as their money, but their feelings and dignity are on the line, too.
2. Know where you are going.   A Florida Guardianship Court is the probate court.  Why?  Because in Palm Beach, all guardianship matters are filed in the Probate Division.  According to the Florida Guardianship Code, you have to file for guardianship in Florida where the alleged incapacitated person resides.  Where is mom or dad’s residence? What do you do if Mom’s house or Florida homestead is in Boca Raton, but she is living in an assisted living facility in Broward County?
3. Know the rules.  Chapter 744 of the Florida Statutes or Florida Laws are called theGuardianship Code.  The entire Florida Probate Code is applicable to Florida Guardianships. So, you have special statutes and unique rules that you have to deal with.  You are not going to get a jury trial in a Palm beach guardianship trial.   There areimportant Florida cases out there, Florida guardianship appeals court cases, which tell you what the guardianship code means.  Did you know that guardianship “hearings” are actually full blown trials where the rules of evidence apply?   You can make hearsay objections and call witnesses and introduce documents or other evidence.  Are you ready and are you prepared for your guardianship hearing?
4. Protect, protect and protect.  Remember how some police forces have a motto to protect and to serve? Well, consider the same thing for filing for guardianship in Florida.  You, and everyone around you, including the Delray Beach probate court, should be focussed on one thing: protecting and assisting the person who is the subject of the guardianship, the so called alledged incapacitated person.  (If a guardianship is created, then your mom or dad become known as the Ward in a Florida guardianship.)
5. Interested persons & lesser restrictive alternatives.  Does mom or dad have a power of attorney, a Florida POA?  How about a revocable living trust or health caredocuments like health care proxies and living wills.  If so, if these Florida estate planning documents adequately address the needs of the ward, your mom or dad, then you may not need a guardian.  One question becomes: should you give notice of the guardianship to the trustee of the Florida revocable trust and to the Florida Power of Attorney?

One final thought for family members on filing for guardianship in Florida: as long as you are an interested person under the Florida guardianship code, you can participate, which means you can question who may be guardian and you may even be able to apply yourself to be guardian or to oppose someone from getting guardianship, like a brother or sibling who does not have dad’s or mom’s best interest at hear.  You are probably asking yourself: how do I stop by brother or sister from getting guardianship over mom or dad?