What is Guardianship?
Advocates in Aging| Law Office of Wiesner Smith
Aug 31, 2021
Florida - Sarasota, Bradenton & Charlotte Counties
Email US
Click to Email Us
When a person is unable to responsibly attend to their financial matters or health care due to physical or mental disabilities, the law provides a system of protection referred to as guardianship.
One of the most common forms of guardianship involves individuals who, due to physical or mental disabilities such as dementia, are unable to responsibly attend to their health care or financial matters. Guardianship intervention may
be necessary when an individual has not previously appointed a health care surrogate or agent under a durable power of attorney under the appropriate estate planning documents and becomes incapacitated.
Many families are surprised to learn that guardianships also arise even where an individual has pre-planned by executing an Advance Directive for Health Care and Durable Power of Attorney. This can occur if there is a question as to the legitimacy of the document, but more often occurs when the appropriateness of the agents actions is called into question, such as neglecting the individuals needs or misusing their funds. It can also occur where the individual refuses to cooperate with the surrogate or agent. For example, an assisted living facility may be the appropriate placement for the individual, but the individual refuses to reside at the facility. Without court intervention, there may be little the agent/surrogate can do to meet the needs of the individual.
Guardianship is a court process that is initiated by the filing of a petition to determine the alleged incapacitated persons (AIPs) incapacity. The petitioner could be a family member or other person with knowledge of the AIPs incapacity. The court will appoint an attorney to represent the AIP during the process, and a three-member examining committee will be appointed to evaluate the AIP and provide a written report to the Court. The judge then determines whether the AIP is incapacitated in any areas, i.e., what rights should be removed from the individual.
Certain rights may be removed by the Court but not delegated to a guardian. These include the right to marry, to vote, and to seek or retain employment, among others. Other rights may be removed and delegated to a guardian. Such rights include the right to consent to medical and mental health treatment, to determine residence, and to manage the property (finances), among others.
Following a determination of incapacity, the Court will determine whether any less restrictive alternatives to guardianship such as a previously executed designation of health care surrogate, durable power of attorney, or revocable living trust are available. However, if the Court finds that there are no sufficient documents to meet the incapacitated individuals needs or that the person(s) appointed under the documents might not be appropriate, the Court will appoint a guardian.
Other Articles You May Like
Discover Compassionate Assisted Living at Merritt Island
Choosing an assisted living community is a major decisionfor both seniors and their families. At Merritt Island Assisted Living, we understand that this transition is about more than just a change of address. Its about finding a safe, nurturing environment where each resident can live with dignity, enjoy daily life, and receive the right level of support tailored to their individual needs.Our community is thoughtfully designed to provide personalized care, promote independence, and offer peace of mind through 24/7 assistanceall in a warm, welcoming atmosphere on Floridas beautiful Space Coast.What Is Assisted Living?Assisted living bridges the gap between independent living and full-time medical care. Its ideal for individuals who may need help with daily activitiessuch as bathing, dressing, medication management, and mobilitybut still want to maintain their independence and enjoy a vibrant lifestyle.At Merritt Island Assisted Living, we empower residents to live life on their own terms, while providing the compassionate support they need to thrive.Personalized Support, When Its Needed MostOur assisted living residents receive customized care plans that evolve with their needs. From minimal assistance to more comprehensive support, we adjust our services to ensure comfort, safety, and quality of life. Our professional team is available around the clock, offering help with: Daily living activities (ADLs) Medication management Transportation to appointments Housekeeping and laundry Wellness checks and ongoing assessments We work closely with families and healthcare providers to ensure continuity of care and open communication at every stage.A Lifestyle That Promotes Connection and Well-BeingAssisted living at Merritt Island isnt just about careits about living well. Our residents enjoy a dynamic community life with enriching programs, engaging activities, and social opportunities every day. Whether its participating in group fitness classes, attending social events, enjoying live entertainment, or simply spending time in the garden, our community is built to support the emotional, mental, and physical well-being of every resident.Community Features Include: Private and semi-private apartments Three nutritious, chef-prepared meals per day Beautiful indoor and outdoor common spaces On-site salon and spa services Fitness and wellness programs Calendar of daily social activities and events Scheduled outings and transportation Why Families Trust Merritt Island Assisted LivingFamilies choose Merritt Island because we combine expert care with heart. We treat every resident like familybuilding trust through communication, kindness, and consistent, compassionate service. From the care team to the kitchen staff, everyone shares a commitment to enhancing the lives of those we serve.Schedule a Visit Today If you or your loved one are considering assisted living, we invite you to experience the difference at Merritt Island Assisted Living. Schedule a tour, meet our team, and see firsthand how we help residents live comfortably, confidently, and with purpose.
Exceptional Services & Amenities at Merritt Island Assisted Living
At Merritt Island Assisted Living, residents enjoy more than just a comfortable place to livethey experience a vibrant lifestyle built around convenience, connection, and personalized support. Designed to enhance daily life while promoting independence and peace of mind, our community offers a wide array of services and amenities tailored to meet the unique needs of every resident.Comfort Meets CareFrom the moment you walk through our doors, you'll feel the difference that thoughtful design and attentive service make. Our assisted living community provides 24/7 professional support, ensuring that every resident receives compassionate care while maintaining dignity and independence. Services include: Assistance with daily activities like bathing, dressing, and grooming Medication management and health monitoring Housekeeping, laundry, and linen services Scheduled transportation for medical appointments and local outings With these daily essentials handled by our dedicated staff, residents can focus on enjoying life to the fullest.Lifestyle Amenities That Inspire JoyWe believe senior living should be as enriching as it is supportive. Thats why Merritt Island Assisted Living offers amenities that promote social engagement, mental stimulation, and physical wellness: Chef-prepared meals served three times daily in a comfortable, restaurant-style dining room Fitness and wellness programs designed to keep residents active and energized On-site beauty and barber services, so looking and feeling your best is always convenient Activity and game rooms for socializing, puzzles, cards, and more Spacious common areas for gatherings, celebrations, and relaxation Beautiful outdoor spaces, including courtyards and walking paths perfect for enjoying the Florida sunshine Engaging Activities and EventsMerritt Island Assisted Living encourages residents to remain engaged and connected. Our events calendar is filled with diverse offerings that cater to a variety of interests: Music and movie nights Arts and crafts sessions Educational talks and guest speakers Holiday and birthday celebrations Group outings to local attractions, restaurants, and cultural venues Every activity is designed to bring joy, foster friendships, and enhance the overall well-being of our residents.Safe, Accessible, and SupportiveSafety and accessibility are priorities throughout our community. Our living spaces are thoughtfully designed with seniors in mind, including grab bars, emergency call systems, and mobility-friendly layouts. Residents and families can enjoy peace of mind knowing that assistance is always close at hand.Why Choose Merritt Island Assisted Living?When you choose Merritt Island Assisted Living, youre choosing a lifestyle built around warmth, wellness, and worry-free living. Our community services and amenities are thoughtfully created to ensure residents feel at homewhile receiving the personalized support they need to thrive. Come see how our amenities make every day easier, more comfortable, and more fulfilling. Schedule a tour today and discover the lifestyle you or your loved one deserve.
Merritt Island Assisted Living: Compassionate Care in a Coastal Community
Located in the heart of Floridas scenic Space Coast, Merritt Island Assisted Living offers a warm, inviting community designed to provide exceptional care, comfort, and connection for seniors. Blending modern amenities with a personalized approach to wellness, this assisted living residence is a trusted choice for families seeking quality senior care in a peaceful, coastal setting.A Home-Like Setting with Professional SupportMerritt Island Assisted Living is more than just a place to liveits a place where seniors feel at home. With private and semi-private apartment options, thoughtfully designed common areas, and welcoming outdoor spaces, residents enjoy comfort, safety, and a sense of community.The highly trained staff offers 24/7 assistance with daily living activities such as bathing, dressing, grooming, medication management, and mobility supportalways delivered with respect and kindness. Residents maintain their independence while receiving the right level of care, tailored to their unique needs.Enriching Lifestyles for Every ResidentLife at Merritt Island Assisted Living is active, engaging, and fulfilling. Daily programs and social activities are carefully curated to promote mental, physical, and emotional well-being. Residents can participate in: Group fitness classes Games and trivia nights Arts and crafts Live music and entertainment Off-site outings and scenic drives Holiday celebrations and cultural events Whether it's enjoying a morning walk in the garden, attending a wellness seminar, or sharing stories over coffee, residents find plenty of opportunities to connect, grow, and have fun.Delicious Dining, Every DayNutrition is a key part of wellness, and the culinary team at Merritt Island Assisted Living takes pride in preparing meals that are both nourishing and flavorful. Residents enjoy: Three home-cooked meals daily Accommodations for dietary needs and preferences Restaurant-style dining with flexible seating Snacks and beverages available throughout the day Meals are served in a vibrant dining room that encourages conversation, camaraderie, and a shared sense of community.A Trusted Partner for FamiliesChoosing assisted living is a significant decisionand the team at Merritt Island Assisted Living understands the importance of trust, transparency, and ongoing communication. From the first tour to move-in day and beyond, families receive support every step of the way.The staff works closely with residents and their loved ones to ensure personalized care plans remain up to date and reflective of evolving health needs and personal preferences.Why Families Choose Merritt Island Assisted Living Compassionate care staff available 24/7 Comfortable, accessible living spaces Secure, welcoming environment Enriching activities and wellness programs Convenient location near hospitals, parks, and shopping Peaceful surroundings with beautiful outdoor areas Experience the Difference on the Space CoastSurrounded by natural beauty and a strong sense of community, Merritt Island Assisted Living offers seniors a vibrant lifestyle supported by expert care. Its a place where dignity, independence, and joy are part of everyday life. Schedule a visit today and discover the difference of personalized care in a place that truly feels like home.