When people in Florida are concerned about incapacitated family members, guardianship might be appropriate for their situations. Different types of guardianships exist with the purpose of ensuring that people’s loved ones receive necessary care. There are three common scenarios in which a guardianship may be deemed necessary.
The first scenario is if an individual cannot make sound decisions or communicate these decisions regarding him or herself or his or her property. The individual might be losing money, forgetting appointments, not paying bills, driving in an unsafe manner or mishandling his or her medications. The person might also be displaying behavior that is unusually paranoid or angry. The second scenario is if an individual is vulnerable to undue influence or fraud. The third scenario is if a child gets a monetary settlement that exceeds $15,000 due to a wrongful death, personal injury or property damage claim.
If a person lacks the proper estate planning documents before becoming incapacitated, establishing a guardianship that is court-supervised might be necessary. In such a case, the court will end up designating a guardian for the person. This guardian will be able to make legal decisions on the incapacitated person’s behalf, and these decisions will be binding.
Figuring out how best to protect incapacitated individuals can understandably be stressful and overwhelming for individuals in the state of Florida. An attorney can provide advice on a guardianship that meets one’s specific needs. The attorney can then guide one through the whole process, which is supervised by the court.