Taking on the role of a guardian for an elderly parent is a big step. While you may be considering this decision out of love and care, you must also be prepared for the many challenges you may encounter from such a commitment. The changes guardianship brings will...
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Guardianship
What are the limits to a guardian’s power?
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...
Recognizing signs of guardianship abuse in estates
Guardianship aims to protect those who cannot manage their own affairs and finances because of incapacity. Unfortunately, the process loses this key purpose when some guardians take advantage of their position and abuse their power. Consequently, it leaves the...
Florida guardianship: What freedoms does a ward keep?
No child wants to witness their elderly loved one struggle. When making decisions for themselves becomes a challenge, establishing guardianship becomes a consideration. Under this arrangement, an incapacitated person takes on the role of a ward, for whom the court...
How is incapacity determined in the context of estate law?
The process of declaring incapacity begins with filing a notice of petition to determine incapacity. In Florida, the court will appoint an examining committee to determine whether the person in question is actually incapacitated. The three examining committee members...
How does the court respond to guardianship issues?
Establishing a guardianship might be the only option for people with emotional, psychological and physical conditions that leave them legally incapacitated. However, becoming a ward could make them prone to mistreatment and abuse from their guardian, resulting in...
What you need to know about guardianship abuse
Adult guardianship protects individuals who cannot care for their own well-being due to incapacity or disabilities. The court appoints an adult guardian to care for and make decisions for the ward or the person needing protection. However, there is potential for abuse...
The basics of establishing guardianship in Florida
When you set up an adult guardianship, you establish a legal relationship between the guardian and the ward. The ward is the person who has been declared by the court to be legally incapacitated and has lost some of their rights. In many cases, guardianship is the...
How does a guardianship affect a health care advance directive?
In Florida, adults who have a sudden mental or physical disability that results in them needing to have a guardianship might have documents in place that were put in effect prior to the illness, injury or condition. Since a guardianship makes that person a ward to the...
What happens at an adult guardianship hearing?
An adult guardianship can be a wise choice for adults who can no longer take care of themselves and/or manage their property. It allows a trusted person to make important decisions on the vulnerable adult’s behalf. There are many situations in life that could result...