Understanding Guardianship in Orlando and How Attorney Beryl Thompson-McClary Can Help
Orlando is a city filled with diverse families who sometimes face complex legal challenges, particularly when a loved one is unable to make decisions for themselves. Whether due to aging, special needs, or incapacitation, guardianship provides a legal mechanism to ensure their well-being. As an Orlando Guardianship Attorney, I handle cases throughout Orange County and work with families who need to petition for guardianship, as well as individuals who wish to contest such petitions. If you are considering guardianship, it is essential to understand your legal rights and the court process.
I am Attorney Beryl Thompson-McClary, and I assist clients with guardianship cases from start to finish. If you need legal representation in a guardianship matter, call 1-888-640-2999 to schedule a consultation. Understanding Florida guardianship law is crucial in protecting your loved one’s best interests.
What is Guardianship and When is it Necessary?
Guardianship is a court-supervised legal arrangement where one person (the guardian) is appointed to make decisions on behalf of another individual (the ward) who is unable to care for themselves. This may involve financial decisions, medical care, or personal affairs. In Florida, the process is governed by Chapter 744 of the Florida Statutes, which lays out the requirements, procedures, and duties of guardians.
A guardianship petition may be necessary in several situations, including:
- An elderly individual suffering from dementia or Alzheimer’s who is no longer able to manage their personal affairs.
- A child with special needs turning 18 and requiring continued assistance with decision-making.
- An adult who has suffered a catastrophic injury or illness resulting in cognitive impairment.
- A person facing financial exploitation or abuse who needs protection through legal oversight.
Each case is unique, and it is important to determine whether guardianship is truly necessary or if less restrictive alternatives, such as a power of attorney, may be appropriate.
The Legal Process of Petitioning for Guardianship in Florida
If guardianship is required, the process begins by filing a petition with the court. The steps involved are as follows:
1. Filing the Petition for Guardianship
A person seeking guardianship must file a petition with the Circuit Court in the county where the alleged incapacitated person resides. Two documents are required:
- Petition to Determine Incapacity: This asks the court to evaluate whether the individual is legally incapacitated.
- Petition for Appointment of Guardian: This requests the court to appoint a specific person as the guardian.
2. Court-Appointed Examination
Once the petition is filed, the court will appoint a panel of experts to assess the individual’s mental and physical condition. This panel generally includes a physician, a psychologist, and a social worker who will each submit reports to the court.
3. Court Hearing on Incapacity
After reviewing the reports, the judge will hold a hearing to determine whether the individual meets Florida’s legal definition of incapacity. If the court finds that the person lacks the ability to manage their affairs, a guardian will be appointed.
4. Guardian Appointment and Responsibilities
If the court determines that guardianship is necessary, it will issue Letters of Guardianship, which formally authorize the guardian to act on behalf of the ward. The court may appoint:
- Plenary Guardianship: Grants full control over all legal, financial, and personal matters.
- Limited Guardianship: Allows the ward to retain some rights while assigning specific responsibilities to the guardian.
The guardian must submit annual reports detailing financial transactions and decisions made on behalf of the ward. Florida law also requires guardians to undergo training and maintain compliance with court requirements.
Contesting a Guardianship Petition
While guardianship can provide necessary protection, not all petitions are in the best interests of the alleged incapacitated person. There are situations where individuals may contest a guardianship petition, such as:
- Family disputes over who should serve as guardian.
- Allegations that the person is not truly incapacitated.
- Concerns about potential financial exploitation.
- Alternative legal arrangements that may be more appropriate.
As an Orlando Guardianship Attorney, I handle both sides of these cases—helping families establish guardianship when needed and assisting individuals who want to contest an unnecessary or unjust guardianship appointment.
Florida Laws Governing Guardianship
The Florida Guardianship Law (Chapter 744, Florida Statutes) outlines the rights of wards, the responsibilities of guardians, and the oversight provided by the court system. Some key sections include:
- Florida Statute 744.3201: Details the procedure for filing a petition to determine incapacity.
- Florida Statute 744.331: Describes the court process for determining whether a person is incapacitated.
- Florida Statute 744.361: Explains the duties and powers of a guardian.
- Florida Statute 744.474: Lists grounds for removal of a guardian if they fail to meet their legal obligations.
Understanding these statutes is critical in ensuring that a guardianship case is handled properly and in compliance with Florida law.
FAQs About Guardianship in Florida
What is the difference between full and limited guardianship?
Plenary guardianship grants the guardian full decision-making authority, while limited guardianship allows the ward to retain some rights and autonomy, depending on the court’s ruling.
Can guardianship be avoided with a power of attorney?
In some cases, a durable power of attorney or healthcare surrogate designation can eliminate the need for guardianship. However, if the individual did not set up these documents before becoming incapacitated, guardianship may be necessary.
Who can serve as a guardian in Florida?
A guardian must be at least 18 years old and may be a family member, professional guardian, or in some cases, a corporate entity. The court will evaluate the proposed guardian’s suitability.
Can more than one person be appointed as guardian?
Yes, Florida law allows co-guardians to share responsibilities. This is often done when multiple family members want to be involved in decision-making.
What are the ongoing responsibilities of a guardian?
Guardians must file annual reports, manage the ward’s financial and personal needs, and obtain court approval for certain major decisions. The court supervises guardianship to prevent abuse or neglect.
Can a guardianship be terminated?
Yes, guardianship can be terminated if the ward regains capacity, passes away, or if the court determines that the guardian is no longer acting in the ward’s best interests.
Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If you need legal assistance with a guardianship case, whether petitioning for guardianship or contesting one, I am here to help. Guardianship cases require careful legal handling to ensure compliance with Florida law while protecting the best interests of your loved one. Call 1-888-640-2999 to schedule a consultation and discuss your guardianship needs today.
