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Professional Guardians versus Non-Professional Guardian

Non-professional Guardians who do not understand the full legal responsibilities of Guardianship and are not familiar with Guardianship law may be removed and replaced by a Professional Guardian. Despite the best of intentions, sometimes a family member, or non-professional, serving as the Guardian for your loved one is not the best solution. An experienced and knowledgeable Florida Guardianship attorney can assist you in deciding whether a Professional Guardian may be the better choice for your loved one.

Guardianship is a binding legal responsibility and fiduciary duty, with real consequences if proper legal procedures or Court Orders are not followed. There are specific procedures that must be followed. Professional Guardians have undergone extensive training and education on how to handle Guardianships. Non-professionals also go through an educational class on guardianship, however, it is not as extensive as the professional Guardian course.

Sometimes you hear stories of Guardianship cases involving non-professional Guardians who are taking care of their loved one at home, but decide to move to a different county or even a different state. They fail to provide notice of the move, and/or fail to obtain the proper Court authorization to move the Ward.  Often these non-professional Guardians do not find out until it is time to file the Annual Plan of Guardian of the Person and Annual Accounting. Due to their inexperience and lack of knowledge of Guardianship law, they are now in danger of losing the Guardianship because of this one action. An experienced and knowledgeable Florida Guardianship attorney can assist you and advise you as to the law regarding Guardianships.

Many non-professional Guardians are not aware of their responsibility as a Guardian to maintain financial records and file annual accountings. A professional Guardian is more aware of the law and generally do not make those kinds of mistakes.

Professional Guardians have an advantage because Guardianship is their business.  It is what they do every day. Whereas, many non-professional Guardians are caregivers, who spend most of their waking hours tending to their loved ones needs.

While many, professional guardians do a great job, and genuinely care about their Wards, they are strangers to the Ward, and are without intimate knowledge of the Ward’s personal preferences, history, and/or needs.   A non-professional, typically a family member or close friend would have a more intimate knowledge of the Ward’s preferences, history, and needs.

If you are considering being a non-professional Guardian for your loved one, read as much as you can, starting with the Florida Statutes and legislature.  Make it a practice to stay apprised of new laws every year. Seek the professional advice of an experienced and knowledgeable Florida Guardianship attorney to assist you.

If you have any questions, or would like to further discuss this, or other Guardianship or Probate Administration matters please contact Ann Marie Gilden, Esquire of  Ann Marie Giordano Gilden, P.A. at (407) 732-7600, and visit my website at www.AnnMarieGildenLaw.com

This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create any attorney client relationship.