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What are the Qualifications for Guardianship for a Sannibel Special Needs Individual?

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A guardianship is a legal arrangement created by the courts that puts one individual in charge of making certain types of decisions for another individual. While a family can petition the court to have a specific person named guardian over a family member, it is ultimately up to the court to make the final decision.

Guardianship usually applies to young children or adults who can no longer handle their own affairs. Many parts of the elder law statutes in Florida outline situations where an elderly person would need to have a state-appointed guardian, but elder law is not the only instance where an adult may need a guardian.

Children

There are three general instances where it becomes necessary for a court to declare guardianship of a child. Those situations are:

  • Both parents of the child have passed away.
  • Both parents are no longer capable of making decisions regarding their child because they are incapacitated or no longer available. In a single-parent situation, it is acceptable for one parent to be incapacitated and the other to be in good health and sound mind. But if both parents become injured or ill to the point where they can no longer care for their child, then the courts will appoint a guardian. If a child’s parents both go to prison for long sentences, then the courts may step in and assign a guardian.
  • The child has been legally awarded a large sum of money as an inheritance or through some other legal means. The court may deem it necessary for their to be a guardian over the child’s finances for a variety of reasons.

Adults

In the case of an adult, there needs to be proof that the adult can no longer make decisions regarding their finances or overall well-being before a guardian will be appointed. In most cases, the courts will not assign an adult a guardian if that adult has a power of attorney or health proxy arrangement in place. There are two general types of adult guardianship arrangements:

  • Limited – A limited guardian only performs certain tasks the ward is no longer able to perform. These types of guardian arrangements are usually temporary and specific in scope.
  • Plenary – A plenary guardianship is assigned when a ward is considered unable to care for themselves in any way.

When children are concerned, the courts generally act quickly in setting up a guardianship to prevent the child from being exposed to financial fraud or any other dangerous situation. With adults, the courts only use guardian status as a last resort. The courts will first do a great deal of diligence to see if some other type of agreement is already in place that can be used instead of a guardian arrangement.

If you or anyone you know needs help with guardianship, contact one of our Special Needs Planning lawyers.

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