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What is the Procedure to Obtain A Guardianship in Orlando, Florida?

You must hire a guardianship attorney to petition the court to have the individual that you think is incompetent to be declared incapacitated. The attorney will file a Petition for Plenary Guardianship and a Petition for Incapacity. Prior to doing this, a good attorney will have you obtain a letter from the individual’s treating physician regarding their competency. This letter usually states that their patient has dementia or the individual’s diagnosis. This way, you show the court that you are petitioning the court in good faith. 

You need to determine which relative, friend, or neighbor will be the guardian. There is a preference for a blood relative in the priority section of the guardianship statute. If the relatives do not qualify to become a guardian, then a professional may be appointed. However, you need to petition the court to appoint a professional guardian. 

You need to fill out an application to be a guardian. The application has questions regarding whether you have a criminal record, a founded Depart of Children & Families “DCF” complaint, have been committed due to mental illness, have had alcohol or drug treatment, or have filed for bankruptcy. You must submit your fingerprints for a background check. You will also need to take the guardianship class. 

The court will appoint an attorney for the alleged incapacitated person. The court will appoint members of the examining committee: a psychiatrist, a psychologist, and a layperson to evaluate the alleged incapacitated person. The guardianship will have to pay for these fees unless the individual is indigent.

At the hearing on incapacity and guardianship, your attorney will enter the examining committee reports into evidence to prove incapacity. The examining committee members will say that the alleged incapacitated person needs a plenary guardianship which is a guardian of the property and the guardian of the person.; a limited guardianship which is where the person retains some rights, or if 2 examining committee members find no guardianship is needed the court must dismiss the case. 

Once someone is appointed the guardian, he/she must file a yearly report to the court. The guardian of the property files an annual accounting. He/she must attach bank records and receipts to justify the accounting. 

The guardian of the person must file an annual report regarding the doctors that the Ward sees, d where the Ward is living, and the care the Ward is receiving. 

If you have more questions regarding guardianship in Orlando, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

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