Know the Benefits of Guardianship in Florida and Whats Important


Kelly L. Fayer, P.A.

Posted on

Aug 02, 2023


Florida - Southwest

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Guardianship is a legal arrangement where an individual, known as a guardian, is appointed to make decisions for someone who is unable to make decisions for themselves. In Florida law, guardianship can be established for both minors and adults who are incapacitated. Although attorneys recommend establishing durable powers of attorneys to prevent the necessity of guardianship, there are many benefits to having a guardian appointed, particularly in the state of Florida.

The Benefits of Guardianship in Florida Law
There are several benefits to establishing guardianship in Florida law. Firstly, guardianship provides legal protection for those who are unable to make decisions for themselves. This can be particularly important for minors or adults who have a disability or illness that affects their decision-making ability. By having a guardian appointed, they can be assured that their best interests are being taken care of, and that important decisions are being made in their best interest.

Secondly, guardianship can help to ensure that a person’s assets are protected. This is particularly important for minors or adults who are unable to manage their own finances. By having a guardian appointed, their finances can be managed in a responsible and transparent manner, and they can be protected from financial abuse or exploitation.

Thirdly, guardianship can provide peace of mind for family members and loved ones. By appointing a guardian, family members can be assured that their loved one is being well cared for, and that important decisions are being made in their best interest. This can be particularly important in cases where family members are unable to provide care themselves, either due to distance or other reasons.

When Do We Want to Be in Court?
While guardianship can be established outside of court in certain circumstances, there are many cases where court involvement is necessary. In Florida law, court involvement is required for the establishment of guardianship for minors and for adults who are incapacitated.

For example, if an unethical person is stealing from a person…..their love ones can go to court to stop that process.  Also, a guardian can void a contract someone enters into.  An agent named in a power of attorney cannot do that.  Guardianships are helpful if there is a difficult family dynamic because it offers transparency by the requirements of annual reporting and people who are not guardians can also be given HIPAA authorizations and the ability to maintain a relationship with the person in need of the guardianship.

For minors, court involvement is required when parents are unable to provide care or make decisions for their child. This can occur in cases where parents are deceased, incapacitated, or have had their parental rights terminated. In these cases, the court will appoint a guardian to make decisions for the child, including decisions related to education, healthcare, and living arrangements.

For adults who are incapacitated, court involvement is required to establish guardianship. In Florida law, an adult is considered incapacitated if they are unable to make decisions for themselves due to a physical or mental condition. In these cases, a court-appointed guardian can be appointed to make decisions related to healthcare, finances, and living arrangements.

The Importance of Having a Declaration of Preneed Guardian
While guardianship can provide many benefits, it is important to have a plan in place for who will act as a guardian in the event that one is needed. This is where a declaration of preneed guardian can be helpful.

A declaration of preneed guardian is a legal document that allows an individual to designate who they would like to act as their guardian in the event that they become incapacitated. In guardianship proceedings, the courts will not consider an individuals durable power of attorney or designation of health care surrogate when determining who will act as guardian. The only document that will be considered as evidence is the declaration of preneed guardian.

By having a declaration of preneed guardian in place, individuals can ensure that their wishes are respected and that the person they trust is appointed as their guardian. This can help to provide peace of mind for both the individual and their loved ones, and can make the process of establishing guardianship smoother and less stressful.

In Florida, guardianship can provide many benefits, including legal protection, asset protection, and peace of mind for family members and loved ones. When court involvement is necessary, having a declaration of preneed guardian can help to ensure that an individual’s wishes and best interests are protected.

The Law Office of Kelly L. Fayer, P.A. was established to serve members of our community. Whether you need assistance now or are planning for the future, it would be a privilege to help you. We strive to provide quality service while offering personal attention to each of our clients.

The Law Office of Kelly L. Fayer, P.A.
12601 World Plaza Lane, Suite 2
Fort Myers, FL 33907
(239) 415-3434 |

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Local Services By This Author

Kelly L. Fayer, P.A.

Elder Law 12601 World Plaza Lane, Ste. 2, Bldg. 52, Fort Myers, Florida, 33907

Attorney Kelly L. Fayer grew up in Southwest Florida. She later moved to Tallahassee to attend Florida State University, where she graduated Magna Cum Laude. After graduating from Washington & Lee University, School of Law, in 1997, she moved back to Lee County beginning her legal career as a prosecutor. In 2006, after practicing law for a few years at a well-respected firm, she established Kelly L. Fayer, P.A. She has since been dedicated to provide members of Southwest Florida with quality services. She is a member of and holds a leadership position many organizations in the local area, including Vice President of the Lee County Bar Association, Treasurer of CAMEO of Lee County, and an Advisory Board Member for Impact Initiative. In addition, she volunteers as much as she could, with organizations such as PACE Center for Girls and Relay for Life.