Protecting Vulnerable Adults in Orlando With Legal Guardianship
In Orlando, many families are caring for aging loved ones who suffer from cognitive decline. As dementia progresses, the ability to manage finances, health decisions, and daily living tasks may deteriorate. When that happens, family members often face difficult choices. One of the most important legal steps you may need to take is forming a guardianship to protect a parent, spouse, or relative who can no longer make sound decisions on their own.
I’m Beryl Thompson-McClary, an Orlando Guardianship Attorney, and I help clients throughout Orange County petition the court for legal guardianship when their loved ones are no longer capable of acting in their own best interests. If you believe someone you care about is no longer safe without legal oversight, call my office at 1-888-640-2999 to schedule a consultation.
Understanding Guardianship for Dementia in Florida
Under Florida Statute Chapter 744, a guardianship is a legal relationship where one person (the guardian) is appointed to make decisions for another (the ward). When someone has dementia, especially in moderate or advanced stages, they may no longer be able to:
- Manage medications or healthcare appointments
- Understand finances or detect scams
- Live independently without supervision
- Make legal, financial, or medical decisions in their best interest
Florida law allows concerned individuals to petition the court to establish guardianship when a person has lost decision-making capacity due to mental or physical impairments.
The Legal Standard for Incapacity
The process begins with filing a Petition to Determine Incapacity, which must demonstrate that your loved one cannot manage some or all of their personal affairs due to cognitive impairment. The court will appoint a three-member examining committee, which typically includes medical professionals, to assess the person’s mental capacity.
Under Florida Statute 744.331, the committee files written reports based on interviews, evaluations, and review of medical records. If two or more members agree that the person is incapacitated, the court will schedule a hearing to decide whether to appoint a guardian and what rights should be transferred.
The court will also appoint an attorney to represent the alleged incapacitated person during the process.
Full vs. Limited Guardianship
Once the court determines that guardianship is needed, it must decide whether to transfer all decision-making powers (plenary guardianship) or only specific rights (limited guardianship).
Plenary Guardianship may be necessary when dementia has advanced to the point where the person:
- Can no longer recognize loved ones
- Cannot manage any personal, financial, or medical responsibilities
Limited Guardianship may apply when the individual still has some capacity in areas like personal care or social decisions, but needs help with finances or healthcare.
The court always seeks to preserve as many of the person’s rights as possible, but when dementia is severe, full guardianship is often necessary.
Types of Guardians in Florida
Florida law permits different types of guardians to be appointed, depending on the situation:
- Voluntary Guardian – When a person still has capacity but seeks help with decision-making
- Emergency Temporary Guardian – When urgent action is needed to prevent harm or exploitation
- Plenary or Limited Guardian – As part of a formal incapacity proceeding
- Guardian of the Person – Handles personal and medical decisions
- Guardian of the Property – Oversees finances, assets, and legal affairs
One person can serve both roles, or the court may appoint separate guardians for each function.
Who Can Serve as Guardian?
To serve as a guardian, you must:
- Be at least 18 years old
- Not have a felony conviction
- Complete court-required training
- Submit to background checks and credit screening
Family members are generally given preference. However, if no suitable family is available, the court may appoint a professional guardian or attorney.
As a Guardianship Attorney in Orlando, I help families decide whether one person should serve as guardian, whether co-guardians are appropriate, and whether alternatives to guardianship could work.
Step-by-Step Process for Establishing Guardianship for Dementia
1. File the Petition – You file a Petition to Determine Incapacity and a Petition for Appointment of Guardian in the probate division of the circuit court.
2. Medical Evaluation – The court appoints a panel of experts to evaluate the alleged incapacitated person.
3. Court-Appointed Attorney – The court assigns an attorney to advocate for the individual’s rights.
4. Court Hearing – A judge reviews the reports and holds a hearing to determine incapacity.
5. Guardian Appointment – If approved, the court appoints the guardian and issues Letters of Guardianship.
6. Ongoing Duties – Guardians must file annual reports, accountings, and care plans as required by Florida law.
How Guardianship Impacts Your Loved One’s Rights and Benefits
When a guardianship is established, some rights are removed from the ward. This could include:
- Right to marry
- Right to vote
- Right to manage finances
- Right to apply for credit or own property
If the guardian fails to report finances accurately or makes decisions without court approval, the ward’s benefits (such as Social Security or Medicaid) could be affected.
Guardians are required under Florida Statute 744.367 to file an Initial Guardianship Plan and then an Annual Plan each year. These filings are reviewed by the court to ensure the guardian is meeting their obligations.
Why Families Choose Beryl Thompson-McClary for Guardianship Cases
When dementia affects someone you love, it’s not just a legal issue—it’s personal. Families trust me to guide them through the guardianship process with compassion, clarity, and legal precision.
As an Orlando Guardianship Attorney, I:
- Draft and file the necessary court petitions
- Coordinate with doctors to provide appropriate medical evidence
- Represent clients in hearings and disputes
- Advise on alternatives like durable power of attorney, healthcare surrogate, or living trusts
Whether you’re trying to prevent elder exploitation, gain authority to manage care, or sort out disputes among family members, I can help you move forward with confidence.
Call 1-888-640-2999 to schedule a consultation.
FAQs: Florida Guardianship for a Loved One With Dementia
Can I get guardianship for someone with early-stage dementia? If the person still understands their situation and can execute a valid power of attorney, full guardianship may not be necessary yet. But if they are starting to make dangerous decisions, guardianship may be appropriate to prevent harm.
What’s the difference between guardianship and power of attorney? A power of attorney is granted voluntarily while the person still has capacity. Guardianship is court-ordered and removes certain rights. If your loved one never created a power of attorney, guardianship is often the only option.
How long does the guardianship process take in Florida? It usually takes 30 to 90 days, depending on how quickly the evaluations are completed and whether there are any disputes. Emergency guardianship can be granted in a matter of days if needed.
Will guardianship let me sell my parent’s home? Not automatically. You need specific court permission to sell real estate. The court closely monitors financial transactions involving the ward’s property.
Does the court check in on the guardian? Yes. You must file regular reports and accountings. The court can remove a guardian who fails to meet legal responsibilities.
Can two siblings serve as co-guardians? Yes, if the court believes they can cooperate in the best interest of the ward. If there’s significant conflict, the court may choose only one or appoint a neutral party.
Do I need an attorney to file for guardianship in Florida? The law requires an attorney to file guardianship petitions unless the petitioner is representing themselves and is the sole interested party. Legal representation is strongly recommended.
Can guardianship be reversed if my loved one improves? Yes. If the ward regains capacity, you can petition to restore their rights or terminate the guardianship entirely.
What are the risks of waiting too long to seek guardianship? Without guardianship, your loved one could fall victim to financial abuse, medical neglect, or be unable to access necessary care. Legal intervention helps protect them before crisis sets in.
Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If you’re concerned about the safety and decision-making ability of a parent or spouse suffering from dementia, I can help you understand your legal options and take the next step. Call 1-888-640-2999 to schedule your guardianship consultation today. I serve families throughout Orlando and Orange County, Florida.
