Legal Protections for Seniors Facing Cognitive Decline
Alzheimer’s disease gradually impairs memory, reasoning, and judgment. As the disease progresses, it becomes increasingly difficult—and sometimes impossible—for elderly individuals to manage their own medical, financial, and legal decisions. For Florida families, guardianship may become the most effective way to ensure their loved one’s safety and wellbeing.
I’m Beryl Thompson-McClary, a Florida guardianship attorney dedicated to helping families protect loved ones living with Alzheimer’s. I work with clients across Florida, including Orlando, Tampa, Miami, and surrounding counties. If your parent or spouse is showing signs of Alzheimer’s and needs legal protection, call 1-888-640-2999 to schedule a consultation.
When Is Guardianship Necessary for Someone With Alzheimer’s in Florida?
Florida courts authorize guardianship when a person is legally incapacitated and unable to make informed decisions. Alzheimer’s patients may need a guardian when they:
- Forget to take medications or overdose accidentally
- Become disoriented and wander
- Are vulnerable to scams or financial abuse
- Sign documents they don’t understand
- Neglect hygiene, nutrition, or medical needs
Once Alzheimer’s has progressed beyond early stages and the individual lacks legal capacity, guardianship is often the only legal path to protection.
Types of Guardianship for Alzheimer’s Patients in Florida
Plenary Guardianship
A court-appointed guardian makes all major decisions for the individual—medical, financial, and personal. This is often needed for moderate to advanced Alzheimer’s cases.
Limited Guardianship
If the person retains some cognitive function, Florida courts may order a limited guardianship, allowing them to keep certain rights while protecting them in specific areas.
Steps to Obtain Guardianship in Florida for an Alzheimer’s Patient
- File a Petition to Determine Incapacity and a Petition to Appoint Guardian in probate court
- The court appoints a three-member examining committee to assess mental capacity
- The individual is assigned an attorney to represent their rights
- A judge holds a hearing to decide on incapacity and the scope of guardianship
- If granted, the guardian is responsible for filing reports and acting in the ward’s best interest
What a Guardian Can Do in Florida
- Make medical and end-of-life decisions
- Oversee finances, property, and insurance
- Prevent abuse, neglect, or fraud
- Determine safe housing or care options
- Apply for Medicaid or long-term care programs
FAQs About Florida Guardianship for Alzheimer’s
Can a person with early-stage Alzheimer’s still sign a power of attorney? Yes, if they understand the document at the time of signing. A legal assessment of capacity is essential.
What if multiple family members disagree about guardianship? The court decides based on evidence of who can best serve the individual’s interests. Mediation may be required.
Is guardianship permanent? It continues unless the individual passes away or regains capacity. Annual reviews and court oversight continue throughout.
Can out-of-state relatives serve as guardians in Florida? Yes, but they must be a close relative to qualify under Florida guardianship laws.
How long does the process take? Standard guardianship typically takes 45 to 90 days. Emergency guardianship can be granted much faster if immediate risk is present.
Contact Florida Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If someone you love is suffering from Alzheimer’s and needs protection, Florida law provides a pathway through guardianship. Let me help you take the legal steps needed to ensure their care and security. Call 1-888-640-2999 today to schedule your consultation and get peace of mind.
