A guardian is appointed by the court to care for an incapacitated person - called a "ward" and sometimes for the ward's assets.

Any adult may file with the court a petition to determine another person's incapacity setting forth the facts upon which they base their belief that the person is incapacitated. The court then appoints a committee of two professionals, usually physicians, and a lay person to examine the person and report its findings to the court. The court also appoints an attorney to represent the person alleged to be incapacitated. If the examining committee concludes that the alleged incapacitated person is not incapacitated in any way, the court will dismiss the petition. If the examining committee finds the person to be incapable of exercising certain rights, however, the court schedules a hearing to determine whether the person is totally or partially incapacitated. A guardian is usually appointed at the end of the incapacity hearing. This is a different process entirely than the Florida Mental Health Act (commonly referred to as the Baker Act).

Any adult resident of Florida can serve as Guardian, as can certain institutions. A close relative of the ward who does not live in Florida can also serve as guardian. Persons who have been convicted of a felony or who are so ill they can't do the job cannot be appointed. If the family is able to agree on who should be the Guardian, the Court rarely rejects that choice.

An emergency Guardian can be appointed in three to five days. Regular Guardianships take about a month to become finalized.

A Guardian who is given authority over any property of the ward must make a list of the property, invest it prudently, use it for the ward's support, and account for it by filing annual reports with the court. In addition, the guardian must obtain court approval for certain financial transactions, such as the sale of a house. The guardian of the person may decide what medical, mental and personal care services are appropriate and determine the place and kind of residential setting best suited for the ward. The Guardian of the person must also present to the court every year a plan for the ward's care. As the Guardian's attorney our attorneys help prepare all of the necessary documents.

Yes. Guardians are usually required to furnish a bond, which our office obtains from an insurance firm specializing in such matters. The Guardian may be required to complete an eight hour court approved training program. The Clerk of the Court reviews all annual reports of Guardian of the person and property and presents them to the court for approval. A Guardian who does not properly carry out his or her responsibilities may be removed.

No. Unlike the parent-minor child relationship, the Guardian does not have to pay the ward's debts from the Guardian's pocket.

Not always. If a person recovers from the condition that caused him or her to be incapacitated, the court will have the ward reexamined and can restore some or all of the person's rights. A Guardian can resign and another family member could handle matters or possibly a professional Guardian could be appointed.