There may come a time when a loved one is unable to make decisions for themselves because of incapacitation. Parents of minors typically make these decisions, but someone else may need to step in if the parents are deceased, incapacitated or otherwise unable to make those decisions. Adults may have a power of attorney already established, but that’s not always the case.
In those cases, having a guardianship provides an appointed person to make decisions for the child or adult. This is meant to help protect children and adults who can’t manage their own affairs.
Types of guardianship in Florida
Florida law recognizes several types of guardianship, each of which serves a specific purpose. These include:
- Guardianship for minors
- Adult guardianship
- Voluntary guardianship
Florida laws require that the court set the least restrictive form of guardianship possible. Because of this, some guardianships are limited, which means the guardian can only exercise specific decision-making powers.
The other option is a plenary guardianship, which gives the named individual complete control over the person’s affairs. This is often used when the person is totally unable to care for themselves.
Initiating the guardianship process can be a complex undertaking, and it’s one that must be handled carefully. Individuals who believe someone meets the requirements for needing a guardian should work closely with someone who understands this process. This helps ensure they understand the requirements, process and the responsibilities they’ll have if the court appoints them as the guardian.