There are several different types of guardianships authorized by Florida Statute. The most common types are described below:
A guardianship for adult is necessary when an individual (the “Ward”) becomes incapacitated, and there is no less restrictive option (such as a valid Durable Power of Attorney) available to authorize handling of the Ward’s affairs. 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. A Guardian can be appointed as to the Ward’s person, property, or both, depending on the level of the Ward’s incapacitation and needs. Due to the appointment of the examining committee and the necessity of their evaluation of the Ward prior to a court hearing, it is not uncommon for a hearing on the Guardianship petition to be schedule 30-45 days from the date of filing.
What options are available in an emergency? In the case of a sudden incapacitation, an emergency temporary guardianship authorizes a Guardian to be assigned temporary powers for up to 90 days. In this situation, a hearing on the emergency petition can be obtained within a week or two. The Court will appoint an emergency temporary guardian if they find that: 1) there is an imminent danger that the physical or mental health or safety of the alleged incapacitated person will be seriously impaired; or 2) the alleged incapacitated person’s property is in danger of being wasted, misappropriated, or lost unless immediate action is taken. As the emergency temporary guardianship is pending, the examining committee will complete their evaluations to allow the non-emergency guardianship case to proceed.
Florida Statute has a special provision for guardianships for adults with developmental disabilities called a Guardian Advocate. To qualify, an adult with a developmental disability must have Cerebral Palsy, Autism, Spina Bifida, Downs Syndrome, Phelan-McDermid syndrome, Prader-Willi syndrome, or an Intellectual Disability (IQ less than 70) that manifested prior to turning 18. A Guardian Advocacy is a great tool for parents to obtain legal authority over a child with a developmental disability upon reaching adulthood. It is less invasive than a normal guardianship, as it does not require a finding of incapacity or evaluation by an examining committee.
If you or a loved one has a need for a guardianship, please contact Hengesbach & Hengesbach, PA at (352) 683-1963 to set up a consult today. You may also visit our website at www.willtrust.com or email me at jason@hengesbachlaw.com.
