Guardianship refers to the legal responsibility granted to an individual or entity over another person, typically someone unable to make decisions for themselves due to age, incapacity, or disability. This role includes making critical decisions on behalf of the person under guardianship, encompassing aspects of personal care, financial management, and legal matters.
Vulnerable individuals may include:
Those with age-related cognitive impairments; Individuals suffering from traumatic brain injuries; People with significant developmental or intellectual disabilities;
Individuals battling substance abuse or mental health issues.
Guardianship and the assessment of incapacity require a legal process to determine if an individual is unable to manage their property or meet essential health, safety, or welfare needs.
Should a person be deemed incapacitated, the court can assign a guardian to protect their interests and enhance their independence, acting always in their best interest. Guardianship is considered a measure of last resort, with all possible alternatives explored prior to its implementation. The primary goal of guardianship is to safeguard the rights of the incapacitated individual while ensuring their protection and promoting their autonomy.
Exploring Alternatives to Guardianship
Guardianship should be considered a last resort. Here are several possible viable alternatives to guardianship that offer support and maintain a level of independence:
Power of Attorney & Durable Power of Attorney: These documents allow individuals to appoint someone to make decisions on their behalf. This type of document can only be executed while an individual has the capacity to do so. Additionally, only the individual can sign a power of attorney and assign an attorney in fact for themself. An individual can not appoint themself attorney in fact or obtain a Power of Attorney for another person.
Healthcare Proxies and Health Care Surrogate Designations: These tools enable someone to make medical decisions for another, ensuring that healthcare preferences are respected.
Financial Management Strategies: This includes appointing a Social Security Representative Payee or a Veteran’s Benefit Fiduciary to manage financial benefits on one’s behalf.
Voluntary Guardianship: A less restrictive form of guardianship that can be revoked by the individual.
Supported Decision-Making: This approach formalizes support in decision-making through an agreement, detailing the support needed and preferred in various life aspects. It emphasizes the right to make choices with support. More information on supported decision-making can be found at Disability Rights Florida.
Guardian Advocacy: A legal process under Florida Statutes section 393.12, allowing family or friends of individuals with developmental disabilities to obtain legal authority to act on their behalf.
Eldercaring Coordination: As per s. 44.407, F.S., this dispute resolution process is tailored for families navigating conflicts regarding the care, autonomy, and safety of older adults, helping to enhance communication and uphold the elder’s preferences. Further details can be accessed at Florida Courts Eldercaring Coordination.
These alternatives to guardianship provide various levels of autonomy and support, ensuring that individuals’ rights and preferences are upheld while receiving the necessary assistance.
Who is Eligible for Guardianship?
The appointment of a guardian is a matter governed by law, typically favoring a relative. In cases where family members are unavailable, unwilling, or unsuitable, the court may appoint a Public Guardian or a Professional Guardian instead. Public Guardians are designated for individuals lacking the financial means to afford private services, whereas Professional Guardians are compensated through the assets of the person under their care.
Contact Raymond S. Grimm to Schedule a Free Initial Consultation
If Guardianship is something you or your family is considering, we at Raymond S. Grimm Esq. P.A. understand the gravity of a decision or proceeding as such. We would be happy to guide you or your family through the process. With over 30 years of experience we are confident in providing competent guidance. Feel free to call us at 941-423-7897 or complete our online form to set up a free initial consultation.
