Blog

Why Do I Need to Establish A Guardianship in Orlando, Florida?

An Orlando guardianship is necessary, if you face the following:

1. Your spouse, relative, close friend, or neighbor is incompetent.
2. You have a child that is receiving a settlement, or monies from insurance proceeds.
3. A child’s parents have died.
4. A child’s parents are unfit.
5. A child has a developmental disability and a guardian advocacy is not appropriate.

Someone may be incompetent due to the follow:

1. Dementia
2. Alzheimer’s
3. Brain Injury
4. Mental Illness

How do you know this? Is your loved one showing signs of memory loss? Is he/she having difficulty with finances? Is she/he bouncing checks? Is he/she not paying the bills owed monthly? Is he/she not properly grooming himself/herself? Is he/she not taking the medication that he/she was prescribed by the doctor? Is he she not eating? Is he/she forgetful? Is he/she wondering away from her/his home? Is he/she getting lost going to places that he/she has gone to regularly for years? Is he/she oriented to time, place and manner? Has he or she had a severe brain injury? Is he or she suffering from mental illness; and he/she refuses to take his/her medication?

If the answer is yes to these questions, the first thing to do is to get a letter from the person’s treating physician substantiating your concerns. The letter would state that your loved one has dementia or Alzheimer’s. That shows that there is a good faith basis to file a guardianship. You can also take your loved one for an MRI of the brain to confirm your suspicions.

The Florida Guardian Statute is 744. You can google that statute online and read the guardianship law for more detailed information.

After you file a petition to determine incapacity and petition to establish guardianship, the court will appoint examining committee members to examine the alleged incapacitated person. The court will appoint a: psychiatrist, psychologist, and a lay person. The lay person is usually a: nurse, LMHC-licensed mental health counselor, or social worker. The examining committee members meet with the alleged incapacitated person and prepare a report to the court regarding whether the alleged incapacitated person is incompetent, has limited capacity, or does not need a guardianship.

This article is for informational purposes only. It does not form an attorney client privilege.

If you would like more information on an Orlando guardianship, you may contact Ann Marie Gilden, Esquire of Ann Marie Giordano Gilden, P. A. at 407-732-7620 and set up an initial consultation.