What Rights Does A Guardian Have In Florida?
If you have ever been named a guardian for a family member, or if you are wondering what would happen to your loved one if you became incapacitated, you may be asking the same question many Floridians ask: what exactly does a guardian have the power to do? Guardianship is one of those legal concepts that sounds straightforward until you are actually living it. The answer depends heavily on the type of guardianship involved and how much authority a court decides to grant.
Understanding the Scope of a Guardian’s Authority
In Florida, a guardian is appointed by a court to make decisions on behalf of someone who cannot make those decisions for themselves. That person is called the “ward.” The ward may be a minor child, an elderly adult with declining cognitive ability, or someone living with a significant disability. Under Florida Statute §744.361, a guardian of an incapacitated person is considered a fiduciary, meaning they are held to a high legal standard of care and can only exercise rights that have been formally removed from the ward and delegated to them by the court.
This is an important distinction. A guardian does not automatically receive unlimited power over a ward’s life just because they hold the title.
Plenary vs. Limited Guardianship
Florida law recognizes different levels of guardianship authority. A plenary guardian has broad powers to manage both the ward’s personal affairs and financial matters. A limited guardian, on the other hand, holds only those specific powers that a court identifies as necessary given the ward’s particular situation.
So what kinds of decisions might a guardian actually make? Depending on what the court authorizes, a guardian may have the authority to handle matters such as:
- Deciding where the ward lives
- Consenting to or refusing medical treatment
- Managing the ward’s income, assets, and property
- Paying the ward’s bills and taxes
- Making educational or care decisions for a minor ward
- Applying for government benefits on the ward’s behalf
Even with these powers, a guardian must always act in the ward’s best interests and consider the ward’s expressed wishes whenever reasonably possible.
What a Guardian Cannot Do Without Court Approval
Not everything falls within a guardian’s independent authority. Certain decisions, such as moving a ward out of state or making major financial transactions, typically require court approval first. Florida courts take guardianship oversight seriously, which is why guardians are generally required to file regular reports accounting for how they have managed the ward’s affairs.
Contact Our Team for Guidance
Navigating a guardianship situation, whether you are trying to protect a loved one or understand your own responsibilities as a guardian, is not something you should try to figure out alone. The rules can be complex and the stakes are high. We encourage you to reach out to our Daytona Beach estate planning attorneys at Bundza & Rodriguez, P.A. to talk through your specific circumstances. We serve families throughout Daytona Beach and Volusia County and offer free initial consultations. Call us today at 386-252-5170 or contact us online to get started.
Source:
law.justia.com/codes/florida/title-xliii/chapter-744/part-vi/section-744-361/
