The Different Types Of Guardianship In Florida

There are many different reasons people require a guardian in Florida. When guardianship is established one person, known as the guardian, has the authority to make decisions for another person, known as the ward. The parents of a minor child may both pass away, requiring a guardian to be appointed for the child. Or, an adult may become incapacitated and require a guardian who can make important medical, financial, and personal decisions for them.

Guardianships can also remain in place for the long-term, or for only a short time. Below, our Daytona Beach guardianship lawyer explains the different types of guardians in the state.

General Guardianship 

Also known as a plenary guardianship, a general guardianship is the most common type. A general guardianship is required when the ward cannot make decisions regarding their own personal care, or they cannot handle their financial affairs. There are many reasons a person may need to establish general guardianship over another, such as an age-related or developmental disability.

Limited Guardianship 

There are times when a ward may be able to handle some of their affairs, but still need assistance with specific decisions or tasks. For example, a person may be able to handle their own personal care and decisions, but not have the capacity to manage their financial affairs. In these instances, a limited guardianship may be established to allow a guardian to handle the financial issues of the ward.

Emergency Guardianship 

An emergency guardianship is used when there is a very urgent matter and the ward’s assets are being misappropriated or lost, or the ward is in danger of harm. For example, if nursing home staff members are manipulating a resident into giving them property or including them in their estate plan, a family member can petition the court for emergency guardianship. The family member could then make decisions for the nursing home resident. Emergency guardianships are temporary and are only in effect until another solution, such as a more permanent type of guardianship, can be put into place.

Guardianship of a Minor 

There are times when minor children require an adult to be appointed to handle their health, financial, and legal matters. The guardian appointed in these cases are not natural or adopted parents.

Guardian Advocacy 

In Florida, guardian advocacy is a form of guardianship that is less restrictive. This type of guardianship is sometimes necessary for individuals with developmental disabilities that was diagnosed before the child turned 18 years old.

Our Guardianship Lawyer in Daytona Beach Can Advise On Your Case 

There are many different types of guardianships in Florida and the process can be quite complex. At Bundza & Rodriguez, our Daytona Beach guardianship lawyer can review the facts of your case, determine which type is right for you and your family, and help you through the process so it proceeds as smoothly as possible for you. Call us now at 386-252-5170 or chat with us online to request a consultation with our experienced attorney and to learn more about your legal options.

Source:

flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Guardianship