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What are the different types of guardianships in Florida?

A guardian is someone who is appointed by a Florida judge to render financial or other personal decisions on behalf of a child or someone with physical or mental disabilities. Guardianships can be either involuntary or voluntary in the state of Florida.

Voluntary guardianships are often established by an adult over another person of a similar age. The ward may request to be appointed a guardian to help them manage their estate if they feel like it might be in their best interest not to do so on their own.

Florida Guardianship Statute Chapter 744 outlines how an involuntary guardianship may be set up in two instances. It may be done to transfer an adult’s rights over a child to another. A guardian may also be appointed in if an individual is determined to be incapable of handling their affairs as well. An adjudication hearing must take place for an individual to be appointed as a guardian in the latter case.

Individuals who are appointed guardians retain certain basic civil rights including the right to pursue an education, to be protected from abuse and to receive necessary rehabilitation and care. They have a right to an attorney and to be treated with respect. A ward can petition a judge to end a guardianship at any time.

A judge presiding over these types of cases doesn’t just take a petitioner’s words at face value and assign someone a guardian. They will instead want to be presented with proof for why they should appoint or remove an individual’s guardian. If they’re not provided with such evidence, then it’s likely that such a request will be denied.

If you’re looking to make a strong case for why you should be appointed as guardian over someone else, then should consult with a guardianships & conservatorships attorney. They can review your evidence to see whether you have a strong case for being appointed to this role here in Florida.

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