When setting up a guardianship in Florida, it’s very important to take all of the proper steps. A guardianship can be used when an elderly person is incapacitated or lacks the ability to take care of themselves and make decisions on their own, so they need a guardian to step in and assist.
But the court doesn’t issue a guardianship order lightly, nor do they declare someone incapacitated without clear evidence. As such, you must know what is required under Florida law. Below are the three general steps you’ll need to take.
1. File a petition
As a competent adult, you have the legal right to file a petition with the court, claiming that the other individual should be declared incapacitated. A three-person examining committee will then evaluate them, looking at things like their mental and physical health, and tell the court if they believe the person is incapacitated or not.
2. Attending a hearing
The report from the examining committee will then be read and discussed at a hearing. The court will consider whether or not to rule that the person is incapacitated, and they may also look at some alternatives to guardianship that could be less restrictive.
3. Appointing a guardian
Finally, if the court does determine that the individual needs a guardian, that person will be appointed. The guardian has no authority over the other individual until the court has taken this step and made an official ruling. As the individual who filed the petition, you may be the guardian, but someone else could also be selected.
Guardianships can be very beneficial for elderly individuals who need assistance, and family members must know what legal steps to take as they navigate this process.