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A look at guardianships in Florida - Part II

In a post last week we asked our readers to consider an important question: do you have a plan in place just in case you become incapacitated? It's a question that should have hopefully sparked a conversation about guardianships between our Melbourne readers and their loved ones, which is a conversation we will continue today.

As we hinted at last week, there are a lot of legal responsibilities that are established when a guardian is named. In today's post, we will look at what some of these responsibilities are and when these rights and responsibilities can be taken away.

When a guardian is named by the courts here in Florida, their first responsibility is to inventory the ward's property so that it can be invested properly and used to pay for care and support of the ward. As the Florida Bar explains, each transaction regarding the ward's property must be tracked in an annual report that must be submitted to the court. In some instances, a guardian may even need approval from the courts before a transaction can be made.

On top of handling finances, a guardian may also be responsible for making decisions about the type of medical care the ward should receive and in what residential setting the ward should be placed to best suit their needs. It's important to note though that just like with the ward's finances, a guardian must also submit a "detailed plan for the ward's care along with a physician's report" each year.

You might be asking now, "Can a guardianship ever be rescinded?" The answer is yes. There are a number of reasons the court may strip a guardian of the right to act on behalf of a ward such as failing to perform their responsibilities, if the ward recovers and is no longer considered incapacitated, or through a guardian's own resignation.

Because both establishing a guardianship and performing the duties of a guardian can require extensive legal knowledge at times, it's considered a good idea to seek help from an experienced lawyer whenever necessary. If you have questions about guardianships, you can rest assured that the attorneys at Frese Hansen have the answers you need.

Source: The Florida Bar, "What is Guardianship? Pamphlet," Accessed Feb. 2, 2015

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