Notarized temporary guardianship letter8/25/2023 ![]() Legislative intent establishes that the least restrictive form of guardianship is desirable.Īccordingly, Florida law provides for limited as well as plenary adult guardianship. A voluntary guardianship may be established for an adult who, though mentally competent, is incapable of managing his or her own estate and who voluntarily petitions for the appointment. Guardianship is only warranted when no less restrictive alternative-such as durable power of attorney, trust, health care surrogate or proxy, or other form of pre-need directive-is found by the court to be appropriate and available.įlorida law allows both voluntary and involuntary guardianships. After adjudication, the subject of the guardianship is termed a "ward."įlorida law requires the court to appoint a guardian for minors in circumstances where the parents die or become incapacitated, or if a child receives an inheritance or proceeds of a lawsuit or insurance policy exceeding the amount allowed by statute.Īdult guardianship is the process by which the court finds an individual's ability to make decisions so impaired that the court gives the right to make decisions to another person. A guardian is a surrogate decision-maker appointed by the court to make either personal and/or financial decisions for a minor or for an adult with mental or physical disabilities.
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