Guardianship is the management
of the affairs of someone who has been judged unable to manage
their own affairs. Generally guardianship is ordered by a court
on behalf of someone who is called a ward of the court. A guardian
assumes the rights of the ward to make decisions about many
aspects of daily life. A guardian is directed by ethics and
statute to make decisions in the best interest of the ward.
The two most common types of
guardianship are limited and plenary. In a limited guardianship
the guardian assumes only the delegable rights specifically
given by a court order. The subject of the guardianship (called
a ward of the court) keeps all other decision-making rights
not specifically outlined by the court. In a plenary guardianship
the rights enumerated in Florida law that can be delegated
can be applied to the person, their estate, or both.
Florida has specific laws governing
guardianship proceedings and guardian activities, all of which
are designed to protect the interests of the ward. A Florida
guardian is accountable to the local court and must report
annually on the status of the ward and account for all financial
For help with guardianship please contact our office.