Articles Posted in Guardianship

In Jacksonville (Duval County) Florida and other Florida cities the examining committee consists of three members. One must be a physician or psychiatrist. Each member must examine the Alleged Incapacitate Person (AIP). The examination consists of tree parts:

1) a physical examination 2) a mental examination, and 3) a functional assessment of the person.

The committee’s report must contain a diagnosis, a prognosis, and a recommended course of action for the AIP. If all three of these are not present, it is not a valid report.

In Jacksonville and other areas of Florida, once the Alleged incapacitated person is found to be incapacitated, he or she becomes a ward. The ward is entitled to have a qualified and competent guardian who:

1) must be at least 18 years old 2) a resident of Florida or a blood relative, adopted child or the ward’s spouse, and

3) may not be a

felon,

A Jacksonville Guardianship Attorney will always attempt to obtain a Limited Guardianship for his clients when ever possible. Generally in Jacksonville and around Florida, The courts must use the least restrictive means when establishing a Florida Guardianship. When a person has all of his /her rights removed they will have a Plenary guardianship. If one right or more is retained then the guardianship is limited.

The duties of a guardian may be divided into two parts:

1) The duties dealing with the person of a ward, and 2) The duties with the property of a ward.

In Jacksonville and the rest of Florida a ward has many rights. Their Florida Guardianship Lawyer can work to maximize the rights that they retain. A ward or incapacitated person has rights that can be taken away, rights that can be delegated to the guardian, and the ward has many rights that cannot be taken away.

1) Rights that can be taken away fro the ward. These are found in Florida Statutes Section 744.3215 and include the following:

a) The right to marry
b) The right to Vote
c) The right to personally apply for government benefits
d) The right to have a driver’s license
e) The right to travel
f) The right to seek or retain employment.

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The process of finding someone legally incapacitated begins with the filing of a petition to determine incapacity. In Jacksonville and other areas in Florida the petition can be filed by any adult person. The subject of the petition to determine incapacity is known as the Alleged Incapacitated Person.

As soon as the petition to determine incapacity if filed, the court appoints an examining committee and a Florida Guardianship Attorney to represent the Alleged Incapacitated person (AIP).

The Florida Attorney who is appointed to represent the AIP is not a guardian ad litem. Florida Statutes, Section 744.102(1) defines the duties of an attorney for an AIP. Such an attorney represents the AIP ans shall represent the expressed wishes of the AIP to the extent it is consistent with the rules regulating The Florida Bar. This means that they Florida Guardianship Attorney who is appointed to represent an AIP must represent the AIP like in any adversary proceedings. After all, the purpose of these proceedings is to determine whether or not important rights should be taken away from the AIP. A ward under a plenary guardianship has less rights than a convicted Felon in Florida.