Concerned family members, neighbors or caregivers can ask the courts to establish adult guardianship in qualifying situations. The courts can limit a person’s legal authority in cases where they cannot consistently act in their own best interests.
Typically, there needs to be compelling evidence that an adult can no longer manage their own affairs. Florida imposes specific requirements on prospective guardians seeking to limit the legal autonomy of other adults. Understanding the evidence requirements can help people determine whether they have grounds to seek a guardianship.
Medical documentation is critical
Witness testimony about an individual’s lack of capacity can play an important role in a guardianship case. However, clear and convincing medical evidence is typically necessary for the courts to award guardianship over an adult.
Standard requirements established in state statutes include a Physician’s Certificate of Medical Evaluation that explains an individual’s diagnosis, long-term medical prognosis and current functional limitations. A neuro-psychiatric evaluation is often necessary as well, as are comprehensive reports related to a specific diagnosis or known functional limitations.
The courts also appoint a three-member committee that includes at least one physician to meet with and evaluate the person who might be subject to the guardianship. Conditions such as dementia, traumatic brain injuries and severe mental health disorders may lead to the courts determining that guardianship is necessary.
Those intending to seek a guardianship for the protection of an older adult may need support while gathering and evaluating evidence. Having experienced legal guidance can help people determine the strength of their position and what additional evidence may be necessary.