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Guardianships

Under Florida law, an individual, called a ward, can be placed under the care and control of another person who acts as their “guardian”.

In that case, the ward is deemed temporarily or permanently incapable of making their own medical and or financial decisions or completing their activities of daily living (ADL). A person who is of sound mind and is of least 18 years old and a Florida resident may become a guardian. Someone residing outside Florida may also be appointed as a guardian but they must be a blood relative, or other close relative of the ward. Some of the primary responsibilities of the guardian are to manage and protect the ward’s health and protect their assets, if any.

Sometimes, guardianships result from lack of planning by the individual whose capacity is being challenged. However, even when a person has the proper estate planning documents in effect, someone can legally institute a guardianship proceeding. Probate trial lawyers and estate planning law firms can be hired to defend against an unwanted and unnecessary guardianship proceeding. It is important for the parties fighting against a guardianship to be aware at every step of the proceedings that even if a person is found to be incapacitated, if he has done the proper estate planning, the court is legally bound to choose the “least restrictive alternative means” available and honor the individual’s validity executed advance directives.

A Guardian has certain duties and responsibilities that are defined in Florida law (Florida Statute §744.361-462). Unfortunately, guardians can fail to meet the high standards of honor and dedication that the law places upon them. If the guardian fails to comply with these duties, he/she may be sanctioned or removed by the court. This can happen when the Guardian breaches its fiduciary duty to the ward, for example of they have stolen from the vulnerable ward.

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Franco Aughey, P.A. specializes in handling all aspects of your Guardianship needs in Florida and offers you a free no-obligation consultation. Our office is open Monday Friday from 9:00 AM 5:30 PM and evenings by appointment. Please call our office at 954-617-0440 to discuss how our law firm can serve you. Telephone appointments and Home and Hospital appointments are available.