Legal Protection for Vulnerable Seniors in Orlando and Throughout Orange County
In Orlando, families often face difficult decisions when an aging parent or loved one is diagnosed with Alzheimer’s disease or another form of dementia. As the illness progresses, individuals may become unable to manage their financial, medical, or personal affairs. In these situations, legal guardianship may be necessary to ensure that their well-being and assets are protected. As an experienced Orlando Guardianship Attorney, I provide guidance to families seeking legal solutions for elderly relatives facing cognitive decline.
My name is Beryl Thompson-McClary, and I represent clients across Orange County in establishing or challenging guardianships for individuals who can no longer make safe and informed decisions for themselves. Whether you are petitioning for guardianship or concerned about the conduct of an existing guardian, I am here to provide legal support. To schedule a consultation, call 1-888-640-2999.
Understanding Guardianship for Seniors With Cognitive Impairment
Florida law provides a legal framework for appointing a guardian when an adult is no longer able to handle their affairs due to mental incapacity. Alzheimer’s disease and dementia are among the most common reasons a family might seek this legal protection.
Guardianship may be limited to financial matters, personal decision-making, or both, depending on the level of impairment. In more advanced cases of Alzheimer’s or dementia, a plenary guardianship may be required, giving the guardian full legal authority over the individual’s personal and financial decisions.
Under Chapter 744 of the Florida Statutes, guardianship proceedings must begin with a petition for incapacity. This petition triggers a formal legal process involving court-appointed medical evaluations and a hearing to determine whether the individual lacks capacity in part or in full.
The Legal Process for Establishing Guardianship in Florida
The process begins when a concerned family member, caregiver, or interested party files two petitions:
- A Petition to Determine Incapacity, which asks the court to evaluate the mental and physical state of the elderly individual
- A Petition for Appointment of Guardian, requesting that a guardian be legally assigned to manage the affairs of the individual if incapacity is confirmed
The court appoints an examining committee that includes at least one physician and two other professionals with experience in mental health or elder care. Their role is to independently assess the individual’s cognitive function and report back to the court.
If the court determines the person is incapacitated under Florida Statute 744.331, it then considers whether to assign a limited or plenary guardian, depending on how much decision-making ability the individual retains.
Responsibilities of a Guardian for a Person With Dementia
A guardian for a person with Alzheimer’s or dementia has serious responsibilities. They are required to act in the best interests of the ward and in accordance with court supervision. These duties typically include:
- Making medical decisions, including authorizing treatments and long-term care
- Determining appropriate living arrangements
- Managing finances, paying bills, and handling investments
- Protecting assets and income from misuse or exploitation
- Keeping accurate records and filing annual reports with the court
- Ensuring the ward’s daily needs are met and that their dignity is respected
The guardian must also file a guardianship plan every year with the court to report on the ward’s condition and living arrangements.
Rights of the Ward and Legal Safeguards
Even when an individual is diagnosed with dementia, Florida law provides them with certain protections. Before declaring someone incapacitated, the court ensures:
- The individual has legal representation
- Evaluations are conducted independently
- Rights are preserved wherever possible
Some rights are retained unless specifically removed by the court, such as the right to vote, marry, or make decisions about medical care. The court is required to choose the least restrictive form of guardianship to preserve the ward’s independence.
If there are concerns about how a guardian is fulfilling their duties, any interested party may file a petition for review or removal under Florida Statute 744.474.
Common Situations Requiring Guardianship for Seniors With Alzheimer’s
- An elderly individual begins missing payments and showing signs of financial mismanagement
- A person with dementia is exploited by caregivers or strangers
- A loved one refuses medical treatment but lacks the capacity to understand the consequences
- Conflicting family opinions on how to care for a parent with Alzheimer’s create dangerous delays in decision-making
These are sensitive situations that require legal authority to act swiftly and in the best interest of the person affected. As an Orlando Guardianship Attorney, I handle every case with compassion, precision, and a focus on protecting vulnerable seniors.
Disputes Over Guardianship and Allegations of Misconduct
Guardianship can become contentious, especially when:
- Multiple family members want to be appointed guardian
- There are disagreements about where the elderly person should live
- A guardian is accused of neglecting the ward or misusing funds
- The ward’s adult children are in conflict over long-term care planning
In these situations, I represent both family members who are seeking to protect their loved ones, and individuals who believe a current guardian is not fulfilling their legal duties. Courts take these disputes seriously, and anyone found breaching their responsibilities may be removed or held liable for damages.
Preventing the Need for Guardianship
One way to avoid court-appointed guardianship is by establishing durable legal documents before cognitive decline begins. These include:
- Durable Power of Attorney: Allows a trusted individual to manage financial affairs
- Healthcare Surrogate Designation: Gives someone the authority to make medical decisions
- Living Will: States a person’s wishes about end-of-life care
However, once Alzheimer’s or dementia significantly impacts decision-making ability, these documents may no longer be valid unless executed prior to incapacity. At that point, guardianship may be the only legal route.
FAQs About Guardianship for Seniors With Alzheimer’s in Florida
What is the difference between a power of attorney and guardianship? A power of attorney is a voluntary legal arrangement signed when someone is of sound mind, allowing another person to manage certain matters. Guardianship, by contrast, is court-ordered when someone is declared incapacitated and unable to make decisions for themselves.
Who decides if someone needs a guardian? The court makes that determination after reviewing medical evaluations from an examining committee and hearing testimony. The process is designed to protect the rights of the person involved and ensure guardianship is necessary.
Can someone with Alzheimer’s still make decisions? It depends on the progression of the disease. Early-stage Alzheimer’s may not require full guardianship. The court may assign a limited guardian if the individual retains some capacity. Florida law requires guardianship to be as limited as possible.
What if the person with dementia objects to guardianship? They have the right to legal counsel and to contest the guardianship. The court will evaluate medical evidence and determine if they truly lack capacity. A judge does not approve guardianship without compelling proof.
Can guardianship be shared among family members? Yes, co-guardianship is allowed under Florida law if the court finds it appropriate. However, this can complicate decision-making and is often avoided unless all parties work well together.
How long does it take to obtain guardianship? Depending on the complexity of the case, it may take anywhere from a few weeks to several months. Emergency temporary guardianship can be granted faster if immediate intervention is needed.
What happens if the guardian abuses their authority? Florida courts oversee all guardianships. If a guardian is mismanaging funds or failing in their duties, anyone with concern may petition the court to review or remove that guardian. The guardian may also face legal consequences.
How can I prepare to become a guardian? You must complete a court-approved training program, file detailed reports annually, and act in accordance with Florida statutes. It’s important to work with an experienced attorney to understand your responsibilities and avoid costly errors.
What alternatives are available if I don’t want guardianship? Alternatives include powers of attorney, advance healthcare directives, and trust-based planning. These must be set up while the individual still has mental capacity. If they no longer do, guardianship may be the only legal option.
Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If your loved one has been diagnosed with Alzheimer’s or dementia and can no longer manage their affairs, legal guardianship may be necessary to protect their health, safety, and financial well-being. As an experienced Guardianship Attorney in Orlando, I can guide you through the court process, represent you in disputes, or help you challenge improper guardianship. Call 1-888-640-2999 to schedule a consultation and discuss your situation.
