Florida Estate Planning Lawyer Blog
A Florida guardian is a surrogate decision-maker appointed by the court to make personal
and/or financial decisions for a minor-child or for an adult with mental and/or physical disabilities. After the court has found that a person requires a Florida Guardian, they are referred to as a “ward.”
Florida Statutes provide for the appointment of a guardian for a minor in Florida in certain circumstances, such as when the child’s parents die, they are unable to care for a child, or if a child receives an inheritance exceeding an amount parents are allowed by statute to receive on behalf of their child.
On the other hand, adult guardianship in Florida is the process by which the court finds an individual’s ability to make decisions is impaired. The court gives the right to make decisions to another person or entity (the Guardian). Generally, a Guardianship is only warranted when no less restrictive alternatives, such as a durable power of attorney, a trust, a health care surrogate, or another form of pre-need directive, are found by the court to be appropriate and available.
As a St. Augustine Guardian Lawyer, I frequently establish guardianships on behalf of Guardians, as well as Wards. If you would like to discuss your individual situation or learn more about the process of establishing a Guardianship, feel free to contact me anytime!