What are the Qualifications for Guardianship for a Cape Coral Special Needs Individual?
When it comes to the topic of guardianship, there are many laws that govern the process and what can be done. When a Cape Coral family wants to take on guardianship of a special needs person, there are a lot of variables that need to be considered and plenty of questions that need to be asked.
Adult Versus Child
In Florida, the rules for guardianship over a child are a little different than a special needs adult. Obviously, children are put in the care of their parents. If the parents are unable to care for the children, then the courts will assign a guardian. But when that child turns 18, they become an adult and are no longer considered under the guardianship of their parents. To re-instate that guardianship, the parents would have to petition the court.
Inability to Make Decisions
In the case of petitioning for the guardianship of an adult with special needs, the petitioner has to show that there is a need for a guardian. The most common reasons for a guardian are:
- The inability of the special needs person to make their own decisions
- The inability of the special needs person to understand daily decisions
- The inability of the special needs person to take care of themselves on a daily basis
The Guidelines of a Guardianship
Every decision a guardian makes for a Cape Coral special needs adult has to be in the best interest of the adult. The courts will determine a program that the guardian has to follow where the guardian reports to the courts on the progress of the arrangement. If the court feels that the guardian is not acting in the best needs of the special needs adult, then there is usually a change in guardianship.
What does a Guardian Do?
A guardian makes all decisions for the special needs adult, including health care decisions, financial decisions, and contractual decisions. The comprehensive nature of a guardianship is why the arrangement is monitored so closely by the courts. The family can also petition the court for a change in guardians if the family feels that the current guardianship arrangement is in some way harming the special needs adult.
What Qualifications does a Guardian Need?
Anyone can petition to be a guardian. As long as that petitioner is 21 years of age or older, then they have the right to petition to be a guardian. There is no credit check, background check, or criminal record check involved with petitioning to be a guardian. However, the courts do take the petitioner’s past into consideration.
The Mattar Firm has experience in helping special needs people and their families to go through the guardian process. We invite you to give our compassionate and experienced special needs planning lawyers a call, to discuss how the process works and what the petitioner needs to do to be considered as a guardian.