Previously, this blog discussed preneed guardianship designations, the statutory requirements for them and a Florida 1st District Court of Appeals or DCA case that helped define the standard to determine the competency of the person making the designation. At that time, it was suggested that there was another major issue in the preneed guardianship area that was clarified by that case.
Can a court ignore a preneed guardian designation in Florida?
What is 'competency' for naming a preneed guardian in Florida?
This blog has discussed a number of issues regarding adult guardianship in the state of Florida. We have discussed what a guardian's duties might be, some pitfalls facing guardians, as well as some discussion of the various arguments regarding the reformation of the professional guardian field. We have also discussed that creating a document appointing a "preneed" guardian is one option in estate and incapacity planning. Preneed guardianship designation allows one to designate a specific person to take care of him or her should the designator become incapacitated.
What adult guardianship issues may require help in Florida?
About a month ago, this blog reported on the passing of professional guardianship reform by the Florida Legislature. While this is certainly good news for those dealing with the adult guardianship system, it will not end all issues that a Floridian may have when it comes to this issue. In this installment, let's look at some of the different aspects of adult guardianship in Florida that might cause someone to consider consulting a professional.
Florida Legislature passes adult guardianship reform
This blog has previously reported on the attempts to reform the professional guardianship process for adults in the state of Florida. Recently, at least some part of that goal has come closer to fruition. In late April the Florida Senate passed, by unanimous vote, a bill that purports to improve the adult guardianship process and make exploitation of wards more difficult. The bill is now in the hands of the governor, who is expected to sign it into law.
What is 'voluntary guardianship' in Florida?
When this blog has discussed adult guardianship in the past, it has generally focused on the somewhat more common "involuntary guardianship." However, "voluntary guardianship" is also an option in Florida. Unlike involuntary guardianship, voluntary guardianship can occur without a finding of incapacity, and upon the petition of the person who needs the guardian.
What is a court monitor in Florida adult guardianship?
Adult guardianship can be a contentious affair. When a person is unable to take care of his or her own affairs anymore, and this power is given to someone else, there can be understandable feelings of frustration and bitterness on the part of the ward. Further, family members may be suspicious of this new person's motives. This is why courts in Florida use full or plenary guardianship as a last resort, when all other less restrictive means of addressing the situation are unlikely to be successful.
Who is a professional guardian in Florida?
Regular readers of this space may recall that guardianship of an adult may occur if that adult becomes no longer competent to handle some or all of his or her own affairs. We have discussed that any competent adult can file a petition to determine someone's incapacity, and a court may appoint that person or a different person to be the ward's guardian. While a guardian can be someone who knows the ward, there are also some professional guardians who make a career of caring for incapacitated people's assets.
Guardians of adults can face challenges in Florida
While there are several types of adult guardianship in Florida, being the legal guardian of another adult in any form can be a difficult job. The guardian must attempt to balance taking action that is in the best interests of the ward with allowing the ward as much independence and autonomy as possible within the scope of the guardianship. Further, others often challenge the guardian, either in establishing the guardianship, or in the actions the guardian chooses to take. Sometimes, these challenges end up before a judge.
What reports do I file as a guardian of an adult in Florida?
In Florida, any competent adult can petition a court to determine a person's capacity or lack thereof. Once the court has heard the report of the panel appointed to examine a person, the court may declare that individual incapacitated. Next, the court will appoint a guardian to take over some or all of the decision making required for the ward. So, if you have been appointed a guardian for an incapacitated loved one, what does the court require you to submit?
Despite conservatorship, dispute rages over radio star's remains
It's never easy watching parents or elder relatives losing their independence as they grow older. Simple tasks can become difficult or even impossible to accomplish without help; mental changes may also have a particularly difficult emotional impact. We wrote last week about how guardianships can help protect elders like this from certain types of exploitation. However, establishing guardianships or conservatorships is not a "set it and forget it" proposition, as a recent story in the headlines illustrates.