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What is the Process to Obtain a Guardianship of a Loved One or Relative in the Orlando, Florida Area?

In order to obtain a Guardianship for a loved one or relative in the Orlando, Florida area, you will need to meet with an attorney to confirm whether you have the evidence, information, and facts to obtain a Guardianship. Most attorneys will require a letter from the alleged incapacitated person’s physician confirming that the alleged incapacitated person has memory issues such as Alzheimer’s or Dementia; or mental health issues; or both. 

If you have reports or letters from neurologists, psychiatrists, or psychologists regarding the alleged incapacitated person’s condition, then you want to tell the attorney about those reports too. You will attach those reports to the Petition to Determine Incapacity. You also attach the letter from the treating physician to the Petition to Determine Incapacity to show a good faith basis for filing the Petition to Determine Incapacity. The more detail you have about the Dementia, Alzheimer’s, or mental health issues to include in the Petition for Incapacity, the better. 

The process is much smoother, more streamlined, and less expensive if the other relatives and interested persons consent to Guardianship. The more contentious and litigious the matter, the more costly it will be. Although, if the Guardianship is established, and fees can be paid from the Guardianship that are for the benefit of the Ward, you probably do not want your inheritance going to litigation expenses and attorneys’ fees. 

On the Application for Guardianship, there are questions regarding whether you have alcohol, drug, or mental health issues. There are also questions about whether you have ever filed for bankruptcy or been fired. You cannot be a Guardian if you have been convicted of a felony or  been arrested for elder abuse. You will need to submit to a background check and attend an online guardianship class before the court will appoint you as a Guardian. 

You will need to pay a filing fee for the Incapacity case, which is under the mental health filing. You will need to pay a filing fee for the Guardianship case. The Guardianship will need to pay the examining committee members and court appointed attorney appointed for the alleged incapacitated person. 

You should tell the attorney you meet with what estate planning documents the alleged incapacitated person has executed. Is there a Will? A Trust? A Power of Attorney (POA)? Health Care Surrogate? You need to tell the Attorney if anyone has been abusing the Power of Attorney (POA). You need to explain to the attorney why you think Guardianship is necessary and why the estate planning documents are not the least restrictive alternative to setting up a Guardianship.

The attorney will want to know about the alleged incapacitated person’s accounts and income. They will also want to know if the alleged incapacitated person owns property. 

If you have more questions regarding a Guardianship 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 

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