Attorneys Stephen Korshak and Lee Karina Dani

A Florida guardian’s most important role

On Behalf of | May 31, 2019 | Guardianships |

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.