In short, a Guardianship is a mechanism to for the Courts to authorize an individual (the “Guardian”) to act on behalf of an incapacitated person (the “Ward”). Florida Law requires that a Guardianship is used as an option of last resort, and that the least restrictive option should always be explored. Upon the filing of the necessary guardianship pleadings, an examining committee will determine if the Ward has the required mental capacity to handle their own affairs. If the Ward is found to be incapacitated, the Court can delegate rights of the ward to the Guardian. These rights can include powers pertaining to the person (determining residence, making medical decisions), the property (paying the Ward’s bills, managing income), or both. At all times, the Guardian is required to act in the best interests of the Ward.
A guardianship can be invasive, time-consuming, and expensive. However, with proper planning, a guardianship can be avoided in most situations. At Hengesbach & Hengesbach, PA, our attorneys can protect you from the necessity of a future guardianship by providing estate planning that allows you to formalize your preferences and wishes in the case of an incapacitation.
Through the preparation of a Durable Financial Power of Attorney and a Health Care Power of Attorney (Health Care Surrogate), we can ensure you are protected in the case of a future incapacitation, whether it be from illness, accident, or the general infirmities of old age. A well-crafted estate plan can ensure you are able to choose who can handle your affairs or make decisions on your behalf without unnecessary court intervention.
For more information, feel free to visit our website at www.willtrust.com or contact me at jason@hengesbachlaw.com.
