5 Situations That Could Lead to Someone Pursuing Guardianship in Florida
Guardianship is a legal tool used when an individual is unable to manage their personal, medical, or financial affairs. While it can provide critical protection, it also removes certain rights from the person under guardianship. That’s why guardianship is often seen as a last resort.
But of course, there are many situations where guardianship is needed. If you’re concerned about a loved one’s ability to make safe decisions, it may be time to explore guardianship with the help of a Palm Harbor estate planning lawyer.
Preneed Guardians and the Need for Support
A preneed guardian is someone you name in advance to serve as your guardian if you ever become incapacitated. This designation, made in a written, signed, and notarized document, helps your family avoid confusion or disputes in a crisis. Plus, it guides a court in selecting someone you trust.
Whether you and your family have preneed documents in place or not, legal professionals are available to help. When safety, health, and dignity are on the line, professional guidance can bring clarity and peace of mind.
The following are five indicators of the need for guardianship.
- An aging parent shows signs of dementia. Dementia and Alzheimer’s disease can interfere with the ability to live safely and independently. A guardian may be needed to manage finances, make medical decisions, and ensure proper care.
- Child with a developmental disability turns 18. In Florida, once a child turns 18, they are legally considered an adult, even if they cannot care for themselves due to a developmental disability. Then, parents of children may petition for guardianship so they can continue making important decisions about health care, education, and daily life on their child’s behalf.
- Mental health crises in adults. Should someone struggle with a severe mental illness, such as schizophrenia or bipolar disorder, they may be unable or unwilling to accept treatment or manage their basic needs. If their condition places them at risk and they are not competent to make decisions, guardianship may be necessary to ensure their well-being.
- Serious injury following an event. Accidents can leave victims with traumatic brain injuries or comas. If no durable power of attorney or health care surrogate has been named, loved ones may need to petition the court for guardianship to make medical and financial decisions during recovery or long-term care.
- Exploitation by a caregiver or relative. Sadly, vulnerable adults are sometimes taken advantage of by people they trust. If a caregiver is isolating a loved one, misusing their funds, or making inappropriate decisions on their behalf, legal intervention may be required.
An experienced Palm Harbor estate planning lawyer can help families decide if guardianship is the right step, prepare the necessary court petitions, and guide loved ones through the legal process. They can also help individuals create preneed declarations, powers of attorney, and health care directives.
Connecting with Legal Support
Do you want to learn more about guardianship? Have a conversation with the attorneys at Miaoulis Law. If you or your family live in Palm Harbor, FL or Pinellas County, FL, schedule a confidential consultation today.
