FAQs About Guardianship

Below are some frequently asked questions about Guardianship:

How Are Guardians Appointed?

A guardian can be any capable adult and may be a spouse, family member, friend, neighbor, or professional. Anyone can request to be a guardian, but you’ll need to file a petition for a hearing. The ward can choose to have legal representation, but the court will decide if they need a guardian and if the person applying is a good fit.

What If Someone Only Needs Partial Help?

You can have a full or limited guardianship. You may want a limited one if the ward can take care of themself and make their own decisions in some ways but not others. Limited guardianships are preferable since guardianships are only meant to help the ward as much as necessary, allowing them to maintain their independence.

Do I Need To Apply For Guardianship When My Child Turns 18?

Full guardianship may not be needed depending on the extent of your child’s disability. A special needs attorney can help assess your alternatives. These might include becoming a health care proxy or power of attorney to access records, discussions, or signing authority without revoking your child’s right to make their own decisions.

Is A Guardianship Necessary?

Guardianship should be taken seriously. Whether someone needs a guardian depends on their cognitive well-being, medical status, and ability to make decisions, provide for, and take care of themself. If any or all of these are impaired, a guardian can provide the help they need by making decisions for them or helping with day-to-day tasks.

Can A Guardian Be Replaced?

There are certain instances in which a guardian can be replaced. A guardian can be removed if they fail to do their duties, as written in the court order.

A guardian can also be changed if he/she secured the guardianship position in a fraudulent manner, mismanaged the ward’s assets, or was convicted of a felony.

A guardian may also be removed in case the ward does not need assistance anymore. Minor children, for example, may not need a guardian once they reach the age of majority.

Contact The Family First Firm for a free consultation to explore options if you believe a guardian for your loved one should be removed or replaced.

Are Guardians Entitled To Compensation?

In the majority of cases, immediate family members are appointed as guardians, so they generally choose to serve without compensation. However, if your family decides to appoint a professional guardian, they would be entitled to reasonable compensation for their work. The court would review the guardian’s fee to determine whether it is reasonable under the circumstances. 

A person’s cognitive well-being, medical status, ability to make decisions, or ability to take care of their own needs may factor into the decision to appoint a guardian. If you’re contemplating that a loved one might need a full or limited guardian in Florida, then it’s time to consult a guardianship attorney. 

Call The Family First Firm today to schedule a free consultation with an experienced guardianship attorney in Orlando.