What Families in Orlando Should Know About Medical Guardianship
Orlando is a city filled with families who care deeply for their loved ones, especially as they age and require more support. For many, this care includes difficult decisions about health, safety, and medical treatment. When an elderly parent or relative becomes unable to make their own healthcare choices, guardianship may be necessary. As an Orlando Guardianship Attorney, I regularly assist clients across Orange County who are either seeking to make medical decisions on behalf of a loved one or challenging how those decisions are being made.
My name is Beryl Thompson-McClary, and I have years of experience helping individuals understand Florida’s guardianship laws and how they apply in real-life situations. Whether you are trying to protect your elderly parent or are concerned about a guardian overstepping their authority, I can help. Call 1-888-640-2999 to schedule a consultation and get the legal support you need.
Medical Guardianship Under Florida Law
Florida law provides a structured process for determining whether an adult needs a guardian. This often applies to elderly individuals suffering from dementia, Alzheimer’s disease, stroke, or other conditions that affect their ability to make sound decisions. The goal of guardianship is to protect vulnerable adults from harm, including harm related to poor health decisions or inaction.
Florida Statutes Chapter 744 governs guardianship proceedings. Once a guardian is appointed by the court, that person may be granted authority to make medical decisions if the ward has been found to be incapacitated in that specific area.
Under Florida Statute 744.3215, individuals subject to guardianship retain certain rights unless the court specifically removes those rights and assigns them to a guardian. These rights include the right to make decisions about medical treatment, unless the court finds that the person is not competent to do so.
When Can a Guardian Make Medical Decisions?
A guardian can make medical decisions only after the court has determined that the elderly individual lacks capacity to make those decisions on their own. This requires a formal petition for incapacity and a hearing.
A panel of three examiners, including at least one physician, will evaluate the individual’s cognitive and physical condition. The court then decides whether to:
- Leave the individual’s medical decision-making rights intact,
- Transfer limited authority to a guardian, or
- Grant full authority (plenary guardianship) to the guardian.
When full authority is granted, the guardian is legally responsible for making all necessary health-related choices. This includes the right to:
- Approve surgeries and treatments,
- Select medical providers,
- Consent to or refuse medications or procedures,
- Decide whether to authorize nursing home or long-term care placement.
Supporting Guardians Who Need Medical Authority
If you’re the primary caregiver for an elderly parent who can no longer make decisions clearly or safely, it can feel overwhelming. As a Guardianship Attorney in Orlando, I help clients petition for the appropriate level of guardianship authority, ensuring that they can legally act in their loved one’s best interest.
The legal process includes:
- Filing a petition to determine incapacity,
- Petitioning for appointment as guardian,
- Attending court hearings,
- Fulfilling mandatory training requirements,
- Filing annual reports to the court.
These steps must be handled carefully to make sure your authority is respected and your loved one’s rights are preserved.
Concerns When Guardians Make Medical Decisions
On the other hand, I also work with clients who believe a guardian may be misusing their authority or acting in a way that goes against the wishes of the elderly individual. In some cases, a guardian may:
- Choose treatment options that are not in line with the ward’s previous preferences,
- Move the individual to a care facility without family consultation,
- Delay or avoid necessary medical care,
- Fail to follow the medical advice of professionals.
Florida courts take these concerns seriously. Under Florida Statute 744.474, guardians can be removed if they fail to act in the best interest of the ward, abuse their authority, or make decisions that result in harm.
As an attorney, I can petition the court to:
- Investigate the guardian’s actions,
- Modify the guardianship order,
- Replace the guardian if necessary,
- Protect the health and dignity of the elderly individual.
What If There Are Disagreements in the Family?
It’s not uncommon for family members to disagree about what’s best for an aging parent. One child may believe guardianship is necessary, while another insists their parent is still capable. In other situations, relatives may disagree about which medical procedures should be authorized.
The court will always consider the evidence and the medical evaluations before granting or removing authority. A well-supported guardianship petition, guided by legal representation, can reduce confusion and protect everyone involved.
When disputes arise, I work to resolve them quickly and respectfully. I provide advocacy for those seeking guardianship and for those concerned about their loved one’s autonomy.
FAQs About Medical Guardianship in Florida
Can a guardian admit someone to a nursing home? Yes, but only if the court has granted authority to do so. Not all guardians are given this level of control. If you’re unsure whether a guardian has this right, check the court order or speak with an attorney.
What if my parent had a healthcare surrogate before guardianship was appointed? If your parent signed a valid healthcare surrogate designation while they were competent, the court will consider it. However, if guardianship is later ordered, the court may modify or suspend that designation based on the ward’s current capacity and needs.
Can a guardian refuse life-sustaining treatment? In Florida, a guardian may not make decisions about life-prolonging procedures without specific court approval unless the ward previously executed an advance directive. If there’s no directive, the guardian must petition the court for authorization.
How does the court determine incapacity? A three-member examining committee, usually including a doctor, will evaluate the elderly individual. The committee files a report with the court, and a judge uses that report along with other evidence to make a final decision.
What if the elderly person disagrees with the guardianship? They have the right to legal representation and to object in court. A judge may hold a hearing to determine whether guardianship is truly necessary or if less restrictive options are available.
Can guardianship be temporary? Yes. Florida courts may grant an emergency temporary guardianship when immediate decisions are required to prevent harm. This is common in urgent medical situations but must be reviewed and renewed by the court.
Do guardians need to report medical decisions to the court? Yes. Guardians must file an annual plan that outlines the ward’s care, including major medical decisions. If they fail to do this, they can be sanctioned or removed.
Is guardianship always the best option? No. In many cases, powers of attorney, healthcare surrogates, or trusts can give families the control they need without going through the guardianship process. I can review your situation and recommend the least intrusive legal solution.
What happens if the ward’s health improves? If the elderly individual regains capacity, the court can restore their rights and terminate the guardianship. This must be supported by medical evidence and usually involves a formal petition.
Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
Medical guardianship is about making the right decisions at the right time, but it must be done legally and with respect for the individual involved. Whether you’re seeking authority or protecting a loved one’s rights, I can help you through the legal process. Call 1-888-640-2999 to schedule a consultation and get the legal guidance you need throughout Orange County.
