A guardianship is used by the court when less restrictive means, such a power of attorney, a trust of a healthcare aid, are not appropriate or available. Legislation creating a Florida guardianship has the intent that the least restrictive form of guardianship is desirable.
Florida guardianship is an ethical as well as legal relationship with many court-mandated duties and responsibilities involving the very basic rights of another human being, who becomes a “ward” of the court.
It is of the utmost necessity that:
An attorney be consulted to represent and advise the guardian in all appropriate, technical procedural and fiduciary matters relating to the court.
The guardian diligently proceed to take care of the ward, safeguarding the ward’s numerous rights while preserving the ward’s dignity, and improving the ward’s quality of life.
To establish a Florida guardianship, a member of the prospective ward’s family or a person of interest must file a petition with the court. Then, under Chapter 744 of the Florida Statutes, the court will proceed by appointing a committee to evaluate the prospective ward. A guardian is then proposed by either the court or the petitioner and must undergo an evaluation to ensure they meet the stringent requirements of a Florida guardianship. There are many different levels of guardianship and the process can be quite complex.