Guardianship
Florida Guardianship: Types, Reasons, and Process
August 20, 2023
Florida Guardianship: Types, Reasons, and Process
Guardianship is a legal arrangement that allows a person to manage the affairs of someone else who is unable to do so on their own. In Ocala, Florida, there are different types of guardianships available, each serving a specific purpose. Attorneys Caleb V. Smith and Daniel J. Raymer are attorneys in Ocala, Florida, that can help guide you through the guardianship process. Here is a breakdown of the types, reasons, and the process of obtaining guardianship in Florida.
Types of Guardianship
- Guardian of the Person. A guardian of the person is responsible for making decisions about the ward's personal care and well-being. This includes decisions about the ward's residence, medical treatment, and other aspects of their daily life.
- Guardian of the Property. A guardian of the property is responsible for managing the ward's assets and finances. This includes paying bills, managing investments, and making other financial decisions on the ward's behalf.
- Guardian Advocacy. Guardian advocacy is a type of guardianship available for individuals with developmental disabilities. This type of guardianship allows a family member or other advocate to make decisions on behalf of the individual with disabilities, while still allowing the individual to retain as much independence as possible.
Reasons for Guardianship
There are a variety of reasons why someone might need a guardian in Florida. Some common reasons include:
- Age-related incapacity: As people age, they may become unable to manage their own affairs due to physical or mental incapacity. In these cases, a guardianship can be established to ensure that the individual's needs are met.
- Developmental disabilities: Individuals with developmental disabilities may require a guardian to help them make decisions and navigate their daily lives.
- Mental illness: Individuals with severe mental illness may need a guardian to ensure that they receive proper medical treatment and care.
The Guardianship Process
The process of obtaining guardianship in Florida typically involves the following steps:
- Filing a petition: The person seeking guardianship must file a petition with the court in the county where the ward resides. The petition should include information about the proposed guardian, the ward, and the reasons why guardianship is necessary.
- Examining Committee: The court will appoint an examining committee to assess the ward's capacity and determine whether guardianship is necessary.
- Hearing: A hearing will be scheduled to review the petition and any objections to the guardianship.
- Appointment of Guardian: If the court approves the petition for guardianship, the proposed guardian will be appointed and will take on the responsibilities of managing the ward's affairs.
Conclusion
Guardianship is an important legal arrangement that can help ensure that vulnerable individuals receive the care and support they need. If you are considering seeking guardianship for yourself or a loved one in Ocala, Florida, attorneys Caleb V. Smith and Daniel J. Raymer can provide you with the guidance and support you need. Contact us today to schedule a consultation.
Caleb V. Smith
Attorney Caleb V. Smith is a graduate of the University of South Carolina and Stetson University College of Law. Following his graduation from Stetson University College of Law and being admitted to the Florida Bar, Mr. Smith began working at the Florida Legal Advocacy Group, P.A., and has remained with the firm since 2018. Although originally from South Carolina, Mr. Smith now calls Florida and Ocala home and has fully integrated himself in the fabric of the community and prides himself on providing his friend, family, and neighbors sound legal advice and representation in areas of Probate, Guardianship, Estate Planning, and Real Estate Law. When Mr. Smith is not assisting clients with their legal needs, he enjoys spending time with his wife, Christina, and their two daughters.
