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Guardianships Archives

Florida man allegedly abusing guardian status

Guardianship is not something that should be taken lightly. When you agree to serve as a guardian, you are in many ways taking responsibility for a life. Guardians are appointed when an individual is deemed incapable or unfit to make important decisions on his or her own behalf. And when you are essentially in charge of making financial and healthcare-related decisions for a person, you have a direct impact on that person's quality of life.

Guardianship in Florida

Florida is well-known for a variety of reasons: world-class theme parks and breathtaking golf courses around Orlando, relaxing cruises and amazing rocket launches from space coast and Port Canaveral and much more. One of the most significant characteristics of Florida is its large population of elderly individuals. Thousands of hard-working Americans move to Florida's retirement communities to enjoy the wonderful weather and lifestyles afforded by our state's many retirement communities. Unfortunately, this retirement lifestyle cannot last, and as these retirees age, they often require assistance living day-to-day.

How can I terminate guardianship in Florida?

The state of Florida is no stranger to elderly individuals. Many hard-working Americans come to the Sunshine State to enjoy the years of retirement for which they have been carefully saving, and our picturesque beaches, beautiful weather and exceptional retirement communities offer them just the kind of lifestyle they deserve. However, these individuals cannot stay active retirees forever, and many eventually require guardians to oversee their health and well-being.

Answers to your guardianship questions

If you have recently determined that a loved one is incapacitated and no longer able to make sound decisions for his or her well-being, then you may also be engaged in talks with family regarding your loved one's future. Or you may have taken the burden of single-handedly attempting to make the right decisions.

What does the role of a guardian entail?

Being a guardian is a serious responsibility and is reserved for those who recognize the role as such. Most guardianships are granted to people who demonstrate prudence and responsibility. Some guardianships require the potential guardian to attend a training program approved by the court. He or she must have an attorney represent him/her and is usually required to hold a bond.

Can I be guardian of my Floridian parent if I live out-of-state?

Living out-of-state does not negate your eligibility to become a guardian of a person who resides in Florida. However, you must qualify in numerous other aspects as well, and it must be determined that the ward is in need of guardianship. This process is begun by the court, who will appoint three people as members of a committee to examine the potential ward once you file a Petition to Determine Incapacity. This committee is comprised of a psychiatrist or physician, and two qualifying medical professionals. Each must evaluate the patient and advise the court as to the patient's capacity through a written account. One physician must be an expert in the type of ailment that incapacitates the patient, but it is important that this person is not the attending physician of the patient.

When is the right time to establish a guardianship in Florida?

Making the decision to establish a guardianship is never easy. In making the decision, one must admit that a loved one is no longer able to care for themselves and that they can no longer make important decisions. Because such determinations are so difficult, many Florida residents need the guidance of legal professionals as they work to establish a guardianship.

Why decide guardianship for a TBI survivor?

When an individual suffers a traumatic brain injury (TBI), their family members are likely already struggling with the loss of their loved one's quality of life. Physical abilities, personality traits, and cognitive function can be significantly impaired. For the surviving family members, this represents a unique challenge during what is already a difficult time.

Alzheimer's and guardianship

caring-for-a-parent-with-alhzeimers-frese-hansen.JPGIf you are taking care of a loved one who is suffering Alzheimer's, chances are, every day is a struggle. Alzheimer's is a terrible, debilitating disease that robs individuals of their minds, memories and self-awareness. In most cases, Alzheimer's progresses slowly, beginning with minor forgetfulness and moving on into periods of dementia.

How can a guardianship assist with special needs children?

Florida parents who have children with special needs may worry about the time when those children reach adulthood, and the parents may lose the right to make important decisions on their child's behalf. To help alleviate such concerns, those parents should look into obtaining a guardianship that will ensure the continued care of their offspring.

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