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Understanding who can be a guardian

You likely care deeply for your friends and family both inside and outside of Miami, and thus have a great interest in their well-being. Eventually, age, accidents or medical conditions may rob them of the ability to care for themselves. Many come to us here at The Law Offices of Frye and Vazquez, P.L. wondering who they can entrust with the care of their loved ones. If you have a child, parent, sibling or friend who may be incapable of caring for themselves, you may have the same question.

According to Florida law, you may act as a guardian provided that you live in the state and are at least 18 years of age. If it is yours or your family’s wish that a person elected or appointed as a judge serve as your loved one’s guardian, he or she can only serve in this capacity if he or she is a relative by either blood, marriage or adoption, or has been a close friend of either your loved one needing supervision or your family. He or she must also agree to not accept any compensation for filling this role.

If you or the one you want appointed as guardian over your family member or friend is a healthcare provider that cares for him or her (either directly or indirectly), then the court must first determine that such an appointment presents no potential conflict of interest.

If you are not a Florida resident, you can still be appointed as a guardian provided you are either the biological or adopted parent of the ward, a blood relative, or the spouse of any of these parties. You can learn more about the qualifications for being a guardian by continuing to browse through our site. 

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