When someone wants to obtain a Guardianship for a relative or a loved one, they need to know exactly what a Guardianship does and how it operates. General knowledge helps, but they need specific knowledge of what will happen if they decide to file for Guardianship for a relative or loved one.
Adult Guardianship in Florida
Florida has a few different forms of Guardianship. One of those is meant specifically for adults.
When the general public thinks of a Guardianship for adults, they usually refer to the facts where an elderly loved one or relative has dementia. Lately, many people are also using this statue to help loved ones or relatives with mental illness.
The Florida statute on Guardianship for Adults is Florida Statute 744.3031. This is used when a person, such as a relative or loved one, is incapable of administering their property and/or providing for one’s health, care, food, shelter, and personal hygiene.
In this scenario, the Petitioner files Petitions for Incapacity and Guardianship in the Circuit Court where the loved one lives. Your loved one or relative is appointed a court appointed attorney to represent them. The Court appoints an examining committee, which consists of a psychiatrist, psychologist, and lay person (usually nurse, social worker, or LMHC). They evaluate the alleged incapacitated person. They report to the Court which rights, if any, the person should maintain. A Limited Guardianship is chosen if the person is retaining rights or, if no rights should be retained, then they are placed under a Plenary Guardianship.
Guardian Advocacy
There is also a Guardian Advocacy, which is discussed in Florida Statute 393.
In this type of proceeding, the parent or relative of a developmentally delayed child will file a Petition for Guardian Advocacy. The parent or parents will ask the Court to be the Guardian Advocate for their child. The Guardian Advocate provides the developmentally disabled person with assistance for financial and medical decision-making.
In order to obtain a Guardian Advocacy, the person must be diagnosed with a developmental disability, such as Down Syndrome, Autism, Spina Bifida, Praeder Willi Syndrome, or Cerebral Palsy. There is no examining committee required. The Court proceeding does not result in the removal of a person’s legal rights.
Guardianship of a Minor
Further, there is a Guardianship of a Minor. That is contained in Florida Statutes 744.301-744.3021 and 744.387. Regarding a minor, parents can settle a claim or cause of action and collect proceeds if net proceeds are less than $15,000.00. A legal guardian is required when the net proceeds exceed $15,000.00.
Guardian ad Litem
Lastly, there is also a Guardian ad Litem. They may be appointed when a minor has a claim for personal injury, property damage, or wrongful death and the gross settlement exceeds $15,000.00. It is a mandatory requirement if the settlement exceeds $25,000.00.
If you have more questions regarding a Guardianship matter or Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and arrange 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.