Guardianship Is Not Your Only Option: Smarter Ways To Protect A Loved One In Florida
If you have a parent who is starting to struggle with daily decisions, or an adult child with a developmental disability, you have probably heard the word “guardianship” thrown around as the default fix. But is it really the only road available? In Florida, the answer is no, and for many families, it is not even the best one.
Guardianship is a court process that can strip a person of significant legal rights, from the ability to manage money to the ability to decide where they live. Florida lawmakers have recognized that this is a serious step, not a casual one. In fact, Florida Statute 744.1012 specifically states that adjudicating someone incapacitated removes their civil and legal rights, and that less restrictive alternatives should be explored before a guardian is ever appointed. That is not a suggestion buried in fine print. It is the stated intent of the law.
So what are these alternatives, and how do you know which one fits your situation?
Powers of Attorney and Health Care Surrogates
For many families, the simplest fix is also the most overlooked. A durable power of attorney lets a trusted person manage finances on someone else’s behalf, while a health care surrogate designation allows a chosen individual to make medical decisions. These documents only work if they are signed while the person still has the legal capacity to sign them, which is exactly why waiting until a crisis hits often backfires.
Supported Decision-Making Agreements
This is a newer concept in Florida and one worth asking your attorney about. Instead of taking decision-making power away from someone, a supported decision-making agreement allows the individual to keep their rights while formally naming trusted people to help them understand and communicate choices about money, health, or housing. It is designed for people who need a little help, not a court-appointed manager.
Trusts
A properly drafted trust can manage assets for someone’s benefit without ever involving a guardianship court. A trustee handles the money according to instructions you set up in advance, which can be far less intrusive and far less public than a guardianship proceeding.
Guardian Advocacy for Developmental Disabilities
For Volusia County families with a loved one who has a developmental disability, Florida’s guardian advocacy process under Section 393.12 offers a narrower, less invasive path than full guardianship, since it does not require a formal finding of incapacity.
Here is a quick snapshot of what these alternatives have in common:
- They generally require less court involvement than guardianship
- They can often be set up before a crisis occurs
- They tend to preserve more of the individual’s independence and dignity
- They are typically faster and less expensive to establish
Every family’s circumstances are different, and the right alternative depends on the person’s specific needs, their level of capacity, and what their loved ones are realistically able to manage. What works for a Daytona Beach senior with mild memory issues will look nothing like what works for a young adult with a developmental disability.
If you are weighing these options for someone you love, do not wait until a hospital or a bank forces the issue. As Daytona Beach estate planning attorneys, we help families throughout Volusia County sort through the alternatives available under Florida law and figure out which path actually fits their situation. Contact Bundza & Rodriguez, P.A. today to talk through your family’s circumstances and find a plan that protects your loved one without taking more than necessary.
Source:
flsenate.gov/Laws/Statutes/2024/744.1012
