Types of Florida Guardianships

Types of Florida Guardianships

The legal guardian in guardianships has the authority to make financial and personal decisions in the ward’s best interest. Guardianship is the legal process of naming someone accountable for an individual’s personal affairs. The court will oversee the guardian’s actions to avoid any mishandling of funds.

In this article, we will discuss the two most common types of guardianship. Also, the article discusses the differences between full guardianship and limited guardianship. A guardianship lawyer can help you with both.

Understanding the Types of Guardianship

Full guardianship grants a guardian complete authority over the ward’s affairs, including decisions on living arrangements, medical treatments, legal matters, and financial management. Limited guardianship, on the other hand, allows the guardian to perform only those duties that the ward cannot manage, applicable in situations involving minors, disabled adults, seniors, or incompetent adults.

Emergency guardianships are a temporary arrangement, appointed by the court during crises to ensure the ward’s immediate needs are met. These arrangements usually last up to 90 days but can be extended with court approval. Since guardianship laws differ from state to state, consulting with a guardianship attorney is essential to navigate the legal process effectively.

Full Guardianship (Plenary)

Full guardianships give the guardian the complete authority to take decisions regarding the affairs of the ward. This includes:

  • Deciding where you live
  • Authorizing medical treatment
  • Handling legal matters
  • Managing the financial matters

Limited Guardianship

Under limited guardianship, the guardian can only perform the duties that the ward cannot do by himself. This includes four situations: 1) Due to old age, guardianship for an incapacitated senior. 2) for minors, 3) guardianship for disabled adults, and 4) guardianship for incompetent adults.

Guardianship laws do vary from state to state. Thus, the best approach is to consult with a guardianship attorney to understand the legislative proceedings of your state.

Emergency Guardianship

Emergency guardianship is a form of temporary guardianship. It usually arises due to an emergency. However, an emergency guardian is generally appointed by the court to serve the ward in times of crisis.

In general cases, the ward is either disabled or incapacitated. The court decides that whether or not the individual can handle the situation himself or cannot due to mental disability, addition, or deliberating disease. The period for an emergency guardianship lasts for a limited time. In most states, it is 90 days; however, it can be extended by the court?s approval if the need arises.Once the emergency has ended, the appointed temporary guardian must file a report at court. Therefore, this involves providing all the details regarding the services that he/she provided during the tenure.

How We Can Help

At Kania Law Offices, our experienced attorneys understand the complexities involved in guardianships. We take pride in assisting families in navigating the legal process to ensure the best care and protection for their loved ones. If you are looking for a free consultation, please contact us below.

Taking the First Step

Start the conversation today by scheduling a free consultation with attorney Amanda Kania. Let us help you find peace of mind and take control of your future.

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