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Can You Pick Your Own Guardian if You Become Incapacitated in the Orlando, Florida Area?

You can designate a Guardian in the Orlando, Florida area in the event that you should become incapacitated. You can do that in your estate planning documents. It is called a pre-need declaration of guardian. In that document, you state who you want to be your guardian, in the event you should become incapacitated. The declaration of pre-need guardian should take precedence if someone were to file a Petition for Incapacity and Petition for Guardianship against you. That way, you can ensure that you will have a person that you trust to be your guardian. That is important because the guardian of the property controls your finances if you are declared incapacitated by the court. Further, the guardian of the person controls your health care and your overall care if you become incapacitated. A Plenary Guardian is a person who is the Guardian of the Person and the Guardian of the Property. 

When deciding who you want to be your guardian, make sure you pick someone who is not a convicted felon. A convicted felon cannot be a guardian in the Orlando, Florida area. A person living outside of the State of Florida may be a guardian if they are a relative or spouse. 

On the Application for Guardianship, there are questions as to whether the applicant ever filed for bankruptcy, or ever had drug or alcohol issues. Someone who had been judicially determined to have committed abuse, abandonment, or neglect of a child cannot be appointed as guardian. When choosing the person you want to be your pre-need guardian, you should ask yourself if the person you want to choose as your guardian has any of those criteria that may cause problems with them becoming your guardian. 

Florida Statute 744.309 states the specifications as to who can or cannot be a guardian. You can Google Florida Statute 744.309 and read who may be a guardian in the State of Florida. 

If you have more questions regarding a Guardianship or Elder Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com