While there are several types of adult guardianship in Florida, being the legal guardian of another adult in any form can be a difficult job. The guardian must attempt to balance taking action that is in the best interests of the ward with allowing the ward as much independence and autonomy as possible within the scope of the guardianship. Further, others often challenge the guardian, either in establishing the guardianship, or in the actions the guardian chooses to take. Sometimes, these challenges end up before a judge.
A prospective ward may well not be happy with being told he or she is no longer capable of making certain decisions, and may challenge the allegation of incapacity. In this case, the person who would be the guardian may need to make a showing to the court regarding the reasons the guardianship must be established.
After the guardianship is established, family members or others with an interest in the ward may object to actions taken on behalf of the ward by the guardian. Lastly, there are certain legal requirements with regard to reports that must be filed with the state by the guardian.
As the guardian of an adult in Florida, you may need to deal with any or all of these issues. You may find the entire process distressing and confusing. That is why it may be a good idea to seek the counsel of an experienced adult guardianship attorney. Such a professional can advise you on the legal responsibilities and rights you have as a guardian, and may help you avoid some traps that could end up compromising your ability to act in the best interests of your ward. If you would like more information on adult guardianship in Florida, and how we could help, please see our firm’s web page.