When a person no longer possesses the requisite mental ability to manage his or her own affairs due to medical or physical conditions, Florida law ensures a citizen of the State of Florida will be treated with dignity and respect, their health care decisions made, and their property managed and accounted for by a guardian who is appointed by the Court.
If a person becomes incapacitated, they may be unable to manage all of their own financial affairs and/or personal affairs. Many people are under the mistaken impression that their spouse or adult children can automatically take over for them at that time. However, unless a less restrictive alternative such as a valid Durable Power of Attorney or Health Care Surrogate Designation has been previously executed, no one is legally authorized to step into that role automatically. Therefore, it may become necessary to petition the court to determine incapacity and ask that a guardian be approved to manage your property and/or your personal affairs, such as health care decisions.
Please contact us for more information regarding establishing a guardianship and the responsibilities of being a guardian.