Understanding Legal Protections for Vulnerable Adults
Alzheimer’s disease and other forms of dementia can slowly strip an individual of the ability to manage daily life, finances, medical decisions, and personal safety. For Florida families, guardianship may become necessary to legally protect an aging parent or spouse living with cognitive decline. Without a valid power of attorney in place, guardianship may be the only way to gain the legal authority to assist your loved one.
I’m Beryl Thompson-McClary, a Florida guardianship attorney helping families statewide protect loved ones facing dementia-related challenges. If you need legal guidance on guardianship, call 1-888-640-2999 to schedule a consultation.
When Does a Person With Dementia Need a Guardian?
Florida law allows guardianship when an adult lacks capacity to make informed decisions and is at risk of harm. Warning signs include:
- Wandering from home or getting lost
- Repeatedly forgetting medications
- Inability to manage bank accounts or pay bills
- Falling for scams or giving money to strangers
- Unsafe living conditions or neglect
If your loved one shows these signs and can no longer protect themselves, it may be time to pursue guardianship under Florida Statutes Chapter 744.
Types of Florida Guardianship for Dementia Cases
1. Plenary Guardianship
This grants full authority over both personal and financial matters. It’s appropriate when dementia has progressed significantly.
2. Limited Guardianship
This is used when the person still retains some decision-making ability. Florida courts aim to preserve autonomy whenever possible.
3. Guardian Advocacy
While typically used for developmental disabilities, guardian advocacy may apply in some early-onset dementia cases where the diagnosis occurred before age 18.
Florida Guardianship Process for Alzheimer’s and Dementia
- Petition to Determine Incapacity and Petition to Appoint Guardian are filed in court.
- A medical examining committee evaluates the individual’s cognitive capacity.
- The court appoints an attorney for the alleged incapacitated person.
- A hearing determines legal incapacity and appoints a guardian.
- Guardian must file annual reports and act in the person’s best interest.
This process ensures legal protection for the senior while maintaining judicial oversight.
What Guardians Can Do Under Florida Law
- Consent to or refuse medical treatment
- Manage real estate and bank accounts
- Prevent financial exploitation or undue influence
- Choose living arrangements (such as memory care facilities)
- Coordinate long-term care and Medicaid planning
- Monitor care providers
FAQs: Dementia and Guardianship in Florida
Can my parent still sign a power of attorney if they have early-stage dementia? Possibly. Capacity is required at the time the document is signed. An attorney should evaluate the individual’s ability to understand.
What if my parent resists the idea of guardianship? The court considers their input but will act to protect them if incapacity is proven.
How long does guardianship last? It remains in place until the person recovers capacity or passes away. In rare cases, rights may be restored.
Can I become guardian even if I live out of state? Yes, but you must be related by blood, marriage, or adoption to serve as guardian in Florida if you’re not a resident.
Is guardianship public? Yes, it is a court proceeding, but sensitive medical information is protected.
What if there’s a dispute between family members about guardianship? The court will decide who is best suited to serve. Evidence of the person’s best interest is critical.
Contact Florida Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If you’re facing difficult decisions about how to protect a parent or loved one with Alzheimer’s or dementia, I’m here to help you take the right legal steps. Call 1-888-640-2999 to schedule your consultation and get answers tailored to your family’s needs.
