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Deeb
Elder
Law,
P.A.
6675
13th
Ave
N,
Suite 2C
St.
Petersburg,
Florida
33710
Phone:
(727)
381-9800
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Fax:
(727)
381-1155
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Guardianship
is a
legal
proceeding
in the
circuit
courts
of
Florida
in which
a
guardian
exercises
the
legal
rights
for
another
individual
called a
ward. A
guardian
can be
either
an
individual
or an
institution
such as
a bank
trust
department.
When is
a
guardianship
established?
A
guardian
may be
appointed
by the
courts
when an
individual
has been
declared
incapacitated
because
of age,
illness,
or
injury.
A court
may also
appoint
a
guardian
for an
individual
who
seems
likely
to be
cheated
or taken
advantage
of by
others
due to
illness,
incapacity,
or age.
Unlike
an
involuntary
guardianship,
a
voluntary
guardianship
does not
require
that the
person
being
cared
for be
incapacitated.
Anyone
may
petition
for the
appointment
of a
voluntary
guardian
for
himself
or
herself.
What
does a
guardian
do?
A
guardian
is given
various
levels
of
responsibility.
A
plenary
guardianship
is a
full
guardianship
over the
person
and/or
property
of the
ward. A
limited
guardianship
is one
in which
the
guardian
is
responsible
for
specific
areas of
care but
not all.
The
guardian
of the
person
may be
responsible
for
making
decisions
about
medical
treatment,
mental
and
personal
care
services,
and the
residential
living
situation
best
suited
for the
ward.
The
guardian
of the
property
will be
responsible
to
inventory
the
property,
invest
it
prudently,
and use
it for
the
ward's
support.
How is a
guardian
held
accountable?
A
guardian
must be
represented
by an
attorney
who will
serve as
the
attorney
of
record.
A
Florida
guardian
is
usually
required
to
furnish
a bond
and is
required
to
complete
a
court-approved
training
program.
He or
she is
required
to
submit
an
annual
report
of the
person
and/or
property
to the
Clerk of
the
Court
for
review.
Any
guardian
who does
not
comply
with
court
requirements
may be
removed.
What are
alternatives
to
guardianships?
Taking
away an
individual's
rights
is a
serious
matter.
Therefore,
Florida
law
requires
the use
of less
restrictive
alternatives
to
protect
persons
incapable
of
caring
for
themselves
and
managing
their
financial
affairs
whenever
possible.
If a
person
creates
an
advanced
health
care
directive
and a
durable
power of
attorney
or
living
trust
while
competent,
he or
she may
not
require
a
guardian
in the
event of
incapacity.
A
competent
individual
can also
execute
a
Pre-Need
Guardianship
Designation
that
allows
him or
her to
select a
guardian
of
choice
should a
guardianship
proceeding
become
necessary.
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