Keeping Guardianship Fair and Accountable

Post Date:11/03/2023

Guardianship is a tool of last resort, available to make sure that loved ones are taken care of when they can no longer care for themselves.

But what exactly is guardianship? It is a legal process by which a court appoints a person or organization to care for someone who is unable to make their own decisions.

The person needing care could be affected due to age, disability, or mental illness. By Florida law, guardianship is only warranted “when no lesser restrictive alternative, such as durable power of attorney, trust, health care surrogate or proxy, or other form of pre-need directive, is found by the court to be appropriate and available.”

The need for guardianship is a reality for many in our community. With the right tools and knowledge, the process can be made much easier for everyone concerned.

Our office is involved in the guardianship process, including processing guardianship petitions, serving as an independent monitor of court-appointed guardian’s actions and maintaining a Guardianship Integrity Assurance Hotline.

If you are considering filing for guardianship, here are some important things to consider:

• Are there different types of guardianship? Yes, a person can be appointed guardian of a person, property, or both. Supported decision-making (SDM), guardian advocacy, and narrowly tailored guardianship orders (letting the protected person retain as many rights as possible) are all versions of guardianship with their own specific purpose.
• Do I need an attorney? For certain types of guardianship cases, you will need an attorney. More specifically, Florida Probate Rule 5.030 requires that guardians have an attorney. However, guardian advocates and supported decision-making may not need an attorney. If you need to find an attorney, you may want to call the Palm Beach County Bar Association's Attorney Referral Service at (561) 687-3266 or (561) 451-3256 (Boca Raton/Delray Beach, or the Legal Aid Society at (561) 655-8944.
• Is a guardianship permanent? No, not if a person regains their abilities. The court can have the person reexamined and restore some or all of their rights.

Guardianship is a serious legal matter. If you are considering filing for guardianship, or know someone who is, I encourage you to consult with an attorney to discuss your case.

If you or someone you know has concerns about instances of financial fraud, waste, and other concerns involving court-appointed guardianships, do not hesitate to contact my office and our team of dedicated professionals.

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Keeping Guardianship Fair and Accountable