Is a Guardianship Necessary with Healthcare Documents and a Trust?
At the front, we often get questioned about whether a guardianship is even necessary when there’s a power of attorney or a healthcare document. The short answer to that is no. These documents were set in place by some Florida estate planning attorney for your mom or dad, in part to avoid a guardianship. The challenge becomes when somebody else comes in and says” we need a guardianship.” Then you need to bring those documents forward to the court and the court’s going to evaluate whether a guardianship is needed or not.