In Florida, as in most states, the laws limit a guardian’s powers under a guardianship order to protect the rights and well-being of the ward.
Limits to what a guardian can do
A guardian’s authority is limited to what is granted by the court. This grant can include a full authority over an incapacitated person’s affairs or may limit the guardianship to certain areas, such as property management or healthcare decisions. The court makes its decision based on the level of capacity of the person under guardianship, among other considerations.
Decisions in the ward’s best interests
When making important decisions, guardians should always consider the best interests of the person under guardianship, including wishes and prior declarations when possible.
For instance, when managing assets, a guardian should do so prudently and in the ward’s best interests, which includes investing assets wisely and avoiding any conflicts of interest.
Respecting the rights of the person under guardianship
With guardianship, the ward retains all their legal rights and freedoms except those explicitly limited by the court. For example, unless the guardianship order specifically removes the ward’s right to vote, they retain that right and the guardian should respect that.
Taking advantage of experienced guidance
Court oversight ensures guardians act in the ward’s best interests, with authority granted only as necessary, ensuring decisions respect the ward’s autonomy and are the least restrictive options available.
Navigating these guardianship intricacies often requires the aid of a guardianship litigation attorney who can offer invaluable guidance to ensure compliance with laws, protect the ward’s interests and provide peace of mind for all involved.