About a month ago, this blog reported on the passing of professional guardianship reform by the Florida Legislature. While this is certainly good news for those dealing with the adult guardianship system, it will not end all issues that a Floridian may have when it comes to this issue. In this installment, let’s look at some of the different aspects of adult guardianship in Florida that might cause someone to consider consulting a professional.
First, there are the issues involved in establishing a guardianship. This process can take the form of planning for a potential guardianship for yourself, in case of incapacity, or taking charge of a loved one’s interests when he or she is no longer capable of protecting them. Thinking about your own incapacity or watching a respected family member lose his or her capacities may be stressful, but by planning and making smart choices, you may be able to have more control over circumstances than if the issue is left to the courts.
Second, if you’ve been appointed as a guardian, you may have a myriad of questions about what you can and can’t do, and what duties you are supposed to perform. The trick to being a guardian is to ensure the ward’s interests are protected while still allowing as much autonomy as possible for the ward. This is not always easy, and fiduciary duties like those that often come with guardianship can come with the potential for legal consequences should they be neglected or misused. Avoiding these problems may be worth considering a consultation with an experienced guardianship attorney.
Finally, there are disputes about guardianship. These can arise in many contexts, from having a family member object to the appointing of or choice of a guardian, to the ward him or herself disputing things the guardian has done, or the amount of control the guardian has. An experienced professional in this field may be able to leverage his or her knowledge during mediation or other alternative dispute resolution contexts, or in litigation, to minimize the effects of such disputes.
As can be seen there are many potentially problematic issues that can arise that can affect an adult guardianship in Florida. If you have questions about any aspect of the process, please feel free to inspect our web page on Florida guardianship.