Most adults live independently and retain control over their assets and daily lives indefinitely. However, some adults struggle to manage their own affairs and their finances. They may require the assistance of another competent adult.
Guardianship is a legal process through which one adult can help support another incapable of independent living. One adult can provide practical support for someone else who is vulnerable. In Florida, there are two different types of adult guardianship available.
Voluntary guardianship
Sometimes, adults recognize that they need support. Perhaps they recently received a diagnosis that indicates their condition may degenerate in the upcoming years. Maybe they have always struggled with a lifelong condition or simply can’t manage their finances.
Individuals who recognize that they need a degree of support can request a voluntary guardianship. In such scenarios, the guardian may only have limited authority. They primarily help preserve the estate of the ward. Voluntary guardianships are not contentious and can help provide supplemental support to an adult who can handle some aspects of their life independently.
Involuntary guardianship
Many older adults do not want to acknowledge their declining capabilities or need for support. Instead, they may try to hide their symptoms or struggles from the people closest to them and even their doctors.
When individuals recognize that an adult has begun to struggle to manage their finances or has made decisions that aren’t in their best interests, they may decide to take the matter to probate court. The probate courts can award a competent adult an involuntary guardianship over someone with compromised capabilities.
Involuntary guardianships typically result in the guardian assuming total control over the legal decision-making needs of and resources belonging to the ward or vulnerable adult. Both kinds of guardianships can be beneficial in different circumstances.
People who recognize that their loved ones require support can potentially go to court to seek the legal authority to provide them with the care and assistance they require. Adult guardianship is one of several solutions that can limit the risks for those who struggle to live independently.
