To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options.

A Florida guardian's most important role

Part of having a good retirement involves creating a good estate plan to divide all of your assets. ABC Action News in Bradenton, Florida, recently ran a story about the importance of having such an estate plan so that people can sell their homes and avoid probate to the best of their abilities. 

Another crucial aspect of any estate plan may involve giving someone guardianship over you. Before someone takes on the responsibility of guardianship, it is critical they understand the most important aspect of the role. This responsibility involves always acting in the best interest of the ward.

Acting in the best interest of the person

A guardian in Florida makes health care decisions on behalf of the person when he or she is incapable of making them independently. When you create the estate plan, you should make sure a guardian has that power and not a separate person with power of attorney.

In addition to this, the guardian can also make non-health care decisions on behalf of the ward. For example, your guardian can decide what happens to your property and who you can socialize with. In some circumstances, the guardian will need to decide whether you need to live in a special facility to get the care you need. 

Acting in the best interest of the estate

A guardian may be responsible for deciding how to spend the ward's money, which means determining how much goes toward property, medical care and food. In either scenario, the guardian's personal opinion should not come into play. For example, your guardian may want you to stay at home, but it may be in your best interest to move to a special care facility where you always have access to the medical care you require. In the event the guardian does not abide by this principle, then legal authorities may need to intervene. 

No Comments

Leave a comment
Comment Information

Request Your Free Telephone Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.


North Office
950 S. Winter Park Dr
Suite 290
Casselberry, FL 32707

Toll Free: 888-681-4389
Casselberry Law Office Map

South Office
14115 Town Loop Blvd #300
Orlando, FL 32837

Toll Free: 888-681-4389
Orlando Law Office Map

At Korshak & Associates, P.A. we love feedback from our clients. Please take a moment and tell us how we’re doing!

Review Us