Law Offices of Frye & Vazquez, P.L.
Call Today. 305-508-5749 | 877-421-5473

Understanding Florida guardianships

At the Law Offices of Frye & Vazquez, PL, in Florida, we understand how difficult your life becomes if your parent or another family member becomes incapacitated to the point where (s)he cannot manage some or all of his or her own affairs. For instance, you may discover that your elderly parent is neglecting his or her personal hygiene, failing to pay bills on time, mishandling his or her medications, or having any number of other difficulties.

As the Florida court system explains, in difficult situations such as these, the only option may be for the court to appoint a guardian for your parent, i.e., a surrogate decision-maker to handle some or all of his or her affairs.

Limited versus plenary guardianships

Florida law provides for both limited and plenary guardianships. In a limited guardianship, the court decides, for instance, that your parent cannot handle his or her own finances, but can handle the other aspects of his or her life. In a plenary guardianship, in contrast, the court decides that your parent is incapacitated to the extent that (s)he lacks the capacity to care for himself or herself personally as well as financially.

Voluntary versus involuntary guardianships

Florida law likewise provides for both voluntary and involuntary guardianships. As its name implies, in a voluntary guardianship your parent, for instance, petitions the court himself or herself to appoint a guardian to handle some or all of his or her affairs. In an involuntary guardianship the court makes the decision of whether or not your parent needs a guardianship, and if so, which type.

Bear in mind that a guardianship takes away your parent's right to maintain control over some or all of the aspects of his or her life. Consequently, the court will seek to establish the least restrictive form of guardianship. In addition, it will retain jurisdiction over both your parent and you, should you be appointed guardian, so as to protect your parent's best interests.

For more information, please visit this page of our website.

No Comments

Leave a comment
Comment Information

What Our Clients Are Saying

  • I have known and worked with Austin Frye and his team since 2008. In that time he has helped serve both my business and personal legal planning needs. From guidance on reviewing and keeping shareholder and state documentation up to date... - Robert
  • It is difficult enough to cope with the emotional challenges of closing a parent's estate, and when you are also faced with the issue of your parents having insufficient documentation, and being remote from your siblings… - Zara L.
  • Austin Frye provided legal services to my father while alive and to his estate after his death; when showing the EP docs his firm prepared to other professionals (lawyers, financial advisors, accountants)… - Mark S
  • I've been a client of Austin Frye's for over 10 years. In that time, he's handled my estate/trust planning and asset protection as well as complicated business deals. - Leslie
  • Mr. Frye recently set up a complicated special needs trust for my son and, as usual, did a great job explaining it and in putting our minds at ease about our son's future well-being. - Dr. Howard
Read More...
  • NYSBA
  • Massachusetts Bar Association
  • The Florida Bar 1950
  • CFP
  • Florida Bar Elder Law Member
  • Academy Of Florida Elder Law Attorneys
  • Florida bar Business law Member
  • NAELA National Academy of Elder Law Attorneys, Inc.
Email Us For a Response

Contact Us For Personal Attention To Your Legal Matter

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location

Get In Touch With Us
20900 W. Dixie Highway
Aventura, FL 33180

Toll Free: 877-421-5473
Phone: 305-508-5749
Map & Directions