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The Different Forms of Guardianship in the Orlando, Florida Area

There are two different kinds of guardianship in the Orlando, Florida area. One type of guardianship is Guardianship of Minors. This type of Guardianship is discussed and explained in the following Florida Statutes: 744.301-744.3021 and 744.387. These Guardianships are used when the parents on behalf of the child, settle a lawsuit where they collect proceeds over $15,000.00. If the recovery from the lawsuit is less than $15,000.00 than a guardianship is not required. If what the minor receives, which is the net proceeds are more than $15,000.00 than a guardianship is required. A Guardian Ad Litem will be appointed by the court to review the settlement and make sure the funds are protected for the minor. It is mandatory that the court appoint a Guardian Ad Litem according to the Florida Statute if the settlement exceeds $25,000.00. 

Guardianship of a Minor is also used when both parents are deceased; or one parent is deceased, and the other parent is unfit and not able to care for the child. It can also be used if both parents are unfit and unable to care for the child. Grandparents can obtain a guardian of a minor grandchild in order to care for them if the parents cannot care for the child. With a guardianship, the grandparents can add the child to their health insurance, obtain medical treatment for the child, and enroll the child in school. It enables the grandparents to act as the parents until the parents are fit and can properly parenting their child.  

The other type of Guardianship, is Guardianship for Adults. This is covered under Florida Statute 744.3031. This Guardianship is used when a person is incapable of administering one’s property and/or providing for one’s health, care, food, shelter and personal hygiene. This is typically used when an elderly person is suffering from Dementia or Alzheimer’s disease. It can also be used for a mentally ill adult who is not taking their medication and cannot care for himself/herself or his/her finances. It may be applicable too if a person suffers from a traumatic brain injury. 

If you have more questions regarding a Guardianship 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. 

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