Guardianships for Seniors in Florida

As we all live longer, it makes it much more likely that we face situations where we are unable to mentally or physically take care of our finances or health care needs.

Once an adult in Florida reaches a point where they cannot manage their own finances or health care, family members or friends need to evaluate whether establishing an adult guardianship is appropriate. We believe that adult guardianships should be used as a last resort since the biggest disadvantage of a guardianship is that guardianship proceedings involve the court system and intrude into the privacy of the client and the client’s family.

The first step in determining whether an adult guardianship in Florida is appropriate or not is to look at whether the disabled or incapacitated senior executed estate planning documents that would allow the senior’s family members or friends to make financial and health care decisions for them. These documents in Florida are called the Durable Power of Attorney and Health Care Surrogate. If the senior has a well drafted Florida Durable Power of Attorney and Health Care Surrogate, it’s unlikely that an adult guardianship in Florida will be necessary.

However, it’s often the case that people will try to do their own estate planning, or they have out of state estate planning documents that are not legally sufficient here in Florida. These situations will often require the establishment of an adult guardianship in Florida if the senior lacks the capacity to execute new, legally sufficient Florida estate planning documents.

If you have a loved one who may require an adult guardianship here in Florida, the skilled guardianship attorneys at Daily, Montfort & Toups can help guide you on whether an adult guardianship is appropriate for your loved one.

We are a Veteran owned law firm and have offices in Sarasota, Venice, St. Petersburg, Osprey, and Clearwater, Florida. You can schedule your free consultation today.

Advantages of Guardianships in Florida

The primary advantage of a guardianship is that the court oversees the caring of the senior who is disabled or incapacitated. This is especially important when there are family issues/drama and the disabled or incapacitated senior has assets. The court will require that the appointed guardian file periodic financial disclosures. Periodic financial disclosures ensures that the guardian is correctly managing the guardian’s finances since the guardian will know that the court and any interested family members will be able to review the financial disclosures.

The court can also step in to prevent delays when the disabled or incapacitated senior is not receiving the proper care. The guardian must provide the court with a care plan that outlines the care the senior is going to receive. If there’s a delay or an issue with the care plan, the court can step in to make sure that the disabled or incapacitated senior is receiving the right amount of care.

Disadvantages of Guardianships in Florida

The primary advantage of a guardianship in Florida is also the primary disadvantage. Anything involving the court system here in Florida is expensive, time consuming, stressful, and ends up making attorneys a lot of money. The expense and stress can add fuel to the flames of preexisting family strife and conflict. Involvement with the court system also means that there will be an intrusion of privacy both for the senior and the senior’s family.