Why Start a Guardianship?

Why would anyone “file for guardianship” in Florida? Here are the 5 reasons which you need to consider on why start a guardianship.

Why start a guardianship?

Let’s first assume that you understand the procedure for how to start a guardianship.

If you are not sure, consider three options, first.

One, read the “how’s” by clicking THIS LINK. That link provides free Florida guardianship legal commentary. No charge. No signups. No emails.

2nd, consider reading the Florida Guardianship Code found online for free at Chapter 744 of the Florida Statutes. Or, click this free link that will take you online directly to those laws.

3rd — to see some free Florida guardianship videos, simply click this link. Again: no emails, no signup, no one will ask you for an email or to join anything. You will obtain perspective very quickly and the legal videos on Florida guardianship are separated by topic. So you can scroll through them and watch what you want — and not see what you don’t want.

With that said, now, let’s discuss WHY start a guardianship.

With that brief introduction to Florida guardianship, let’s get to the meat of the coconut.

The Golden Rules and Platinum Results

Everyone who hires a guardianship litigator wants a “lion”, not a “cub.” Alpha Dog or pussy cat? Right? May sound “un-professional” or overly simplistic. But that’s reality. …hope you are getting the platinum results which you want and may deserve. To try to understand that…………… start below…..

If you are involved in a contested guardianship, one of two things are happening. One, you are either fighting (legally that is) to create a guardianship or to have someone you want APPOINTED as the guardian. Or, you want to STOP guardianship proceedings.

Here are the “golden” rules for why start a guardianship. If you are not getting the “platinum” results in your guardianship trial or matter, consider your situation in light of the following:

1. Personal decisions — the one who needs assistance or care cannot make personal decisions. That person may or may not be totally incapacitated or incompetent. Or….just slowing down and in need of assistance. The one question that I always ask — when I am interviewed to be litigation counsel is: “can your mom or dad get themselves to Wal Mart, evaluate and purchase a new TV, return home by themselves safely, and then have someone set the TV up for them back home?” It may sound like a silly question, but if you can evaluate things, travel alone, and understand how to “do” stuff, you may not need assistance. And, let’s face it: there are a LOT of more serious, important decisions to make in life than purchasing a new TV. Like…… who will make health care decisions for you. Who selects your doctors and can change your medications? Determine who you interact with, visit and where you reside. Serious, important stuff, right? If one is challenged making those personal decisions, that person may need a guardian.
2. Financial and Property Decisions — can you handle your money? File your taxes? Pay your bills? Create and follow a budget? Or, do you have trouble remembering to pay insurance, pay your credit cards, pay real estate taxes? A Florida guardianship judge may appoint a guardian of one’s PERSON, to make personal decisions. Or, (and) that same judge may also appoint someone to manage money and property. Know the difference and know what you are asking for in your guardianship trial to try to obtain that “platinum result.”
3. Diminished Capacity — someone who needs help, needs a guardianship, doesn’t have to be in hospice, or “totally out of it.” As we age, our bodies may look great as our minds and cognitive ability, functions, behaviors and interactions diminish. We simply may need some help. When prospective clients call me to interview me for a guardianship, 90% of the time, they know whether or not their mom or dad has “slowed down” to the point of asking a judge to intervene.
4. Vulnerability — Florida has a LOT of financial exploitation and elder abuse. People mis-using Powers of Attorneys, making improper gifts of your property, signing deeds when they shouldn’t, and mis-using and mis-distributing YOUR money. That can occur when one is vulnerable. Important factors which Florida guardianship courts evaluate and consider are: diminished capacity, isolation and access of others to you and your pocket book. If someone is vulnerable, they may need some assistance or help. That might be in the form of a guardianship.
5. Alternative Protections — finally, you may need a guardianship if there are no alternatives. Like what? A power of attorney, health care proxy, pre need guardian appointment. OR, even if one has those, and they do NOT adequately take care of the person who is vulnerable, a court can STILL appoint a guardian. Yes, a court can OVER-RIDE a power of attorney and health care proxy. Ask a serious guardianship litigator how that can happen — or how to try to prevent that. Try to get your “platinum” results.