Guardianship

What is Guardianship?

Guardianship is a court process for managing the affairs of an incapacitated individual - Guardianship of Person and/or Guardianship of Property. While it can be expensive to establish and maintain, there are times when it is the only choice for protecting a vulnerable individual.

When are guardians necessary?

Undoubtedly, the most important reason to have a guardianship in place is to expedite medical treatment needed by a person with a disability. Doctors and hospitals may refuse to perform necessary but non-emergency procedures on incapacitated patients without legally authorized consent. A guardian can provide such consent if the person with a disability does not have a good Health Care Surrogate Designation.

Having a legal guardian appointed is also useful and sometimes necessary in order to provide consent or acknowledgment on behalf of the ward in an array of situations regarding the ward's care and well-being.  Examples include:

• Consenting to behavior modification plans or other treatment plans,
• Consenting to use of regulations and rights, and
• signing various forms on behalf of the ward regarding benefits, procedures, etc.

What happens after guardianship is established?

Once a guardianship has been  established, the guardian must prepare annual reports and file them with the court.The guardian must obtain court approval for certain activities such as selling a home or moving the ward out of the county. And, according to Florida law, the guardian must be represented by  an attorney for the entire length of time of the guardianship, which usually  continues until after the ward dies.

Is a guardian legally obligated to pay for the costs associated with the ward's care?

No. A guardian does not assume financial responsibility for the ward merely by becoming guardian. The costs of the ward's care are normally obligations of the ward's estate. However, anyone, including a guardian, can assume a contractual obligation to pay for the ward's care if he chooses to do so. A guardian who wishes to avoid personal financial responsibility for the ward's care should carefully review contracts and modify them if necessary to clarify that the guardian is accepting no personal financial responsibility under the contract.