Attorneys Stephen Korshak and Lee Karina Dani

Different types of guardianships

On Behalf of | Feb 4, 2019 | Guardianships |

Florida courts allow people to retain guardianship over an individual for certain reasons. While different circumstances surround each reason, they all revolve around one individual making decisions on behalf of someone else who is not in a position to make medical or financial decisions independently. 

Not all guardianships are the same. It is vital for residents of Florida to be aware of the different types of guardianships, so they know when to seek one out for a loved one. There may also be circumstances where a court appoints someone as a ward if the person does not know to oversee everyday activities. 

Guardianship over incapacitated adults

Over time, many adults develop medical problems that make them incapable of making decisions. For example, a person going through dementia may not remember to pay rent and other essential bills. Therefore, someone needs to assume guardianship over the individual to ensure all financial and medical matters become resolved. Some adults will be capable of making some decisions but not others. In this instance, the guardian may have limited powers. 

Temporary guardianship over adults

Florida law allows someone to attain temporary guardianship over another individual. The primary reason for this is that it can take several weeks to establish permanent guardianship. However, the individual may need care now. The court grants temporary guardianship so the ward receives care immediately. Over time, the guardian can attain permanent status, or the ward may not need guardianship for the long-term. It simply helps when immediate action is necessary. 

Guardianship over minors

There may be circumstances where a child’s parents are incapable of taking care of him or her. This does not necessarily mean both parents are dead. It could be both parents have a drug addiction and are not in the right mental state to look after a minor. The court would most likely assign guardianship of the child to an adult relative.