Frequently Asked Questions About Guardianships

A guardianship is a powerful legal tool that allows one individual to make legal and life decisions on behalf of another.

Many people have questions about guardianships: How they work, who can benefit from one, how to set one up, etc.

We invite you to read the information below for answers to some of these common questions. If you had additional questions, please do not hesitate to contact our office in Casselberry at 407-680-1471.

Guardianship FAQs

What types of guardianships are there?

An individual may need one or both types of guardianships, depending on his or her unique situation. It is advisable to discuss your specific needs with an attorney.

Who can benefit from a guardianship?

A guardianship can be established to protect the interests of an incapacitated adult. When a physical or mental impairment makes it difficult or impossible for an adult to make important decisions independently, a guardianship may be a viable option.

A guardianship can also be established to protect the interests of a minor child. When parents are unable to provide care for a child, a guardian can be appointed.

Who can act as a guardian?

In general, any adult who is a resident in Florida can act as a guardian. However, if an individual has previously been convicted of a felony, he or she is ineligible. An applicant must undergo a thorough background screening.

Other institutions (such as a nonprofit religious institution) can act as a guardian. A bank trust department can act as a guardian of the property.

The person for whom a guardianship is being established can express his or her wishes in writing to the court.

What is a competency hearing?

A competency hearing is used to make a determination about someone's alleged incapacity. This may be incapacitation due to a physical impairment, mental impairment or both.

The individual alleged to be incapacitated must be represented by an attorney.

Not every guardianship situation requires a competency hearing.

Learn more about competency hearings.

Additional Questions? Contact Us Today.

We are happy to answer any additional questions you may have about guardianships. Please call us at 407-680-1471 or toll free at 800-587-2470.

Free 10-minute consultation

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