Jacksonville Guardianship Lawyer

Guardianship Attorney in Jacksonville, FL

When a loved one needs help making decisions or taking care of their finances, you want to help. Florida laws don’t allow just anyone to step in and start making decisions for another adult, however. You must have permission to help. Working with an experienced Jacksonville guardianship lawyer can help you understand how to start the process of applying for guardianship.

If your loved one created a durable power of attorney or a health care advance directive, they may have named you as an agent to make decisions now that they need help. If they did not, you may need to pursue guardianship through the court system.

Hire a Guardianship Lawyer to Help Navigate Your Case

At the Law Office Of Douglas A. Oberdorfer, P.A., we understand that the decision to file for legal guardianship is a difficult one to make. Family members may even disagree over whether guardianship is the right step or who should serve as guardian. We can explain your options, walk through the process, and help you figure out the right path forward for your loved one.

Florida Guardianship Laws: Requirements for Guardianship

In Florida, the probate court reviews petitions for guardianship. For adults, the courts view guardianship as a serious intrusion on a person’s civil liberties and will only apply it if no other options are available. Once the court applies for the guardianship in Jacksonville, the subject is known as a “ward.” Generally speaking, guardianships apply in three circumstances:

1. Minors. If a minor has no living parents or their parents have had their parental rights removed, they need a legal guardian to care for them. In some cases, a minor may also need a guardian to oversee a large inheritance.
2. Adults with a disability. Most often, these cases involve adults with mental disabilities who don’t have the capacity to care for themselves. Occasionally, they involve physical disabilities. If they can perform some tasks for themselves, but not all, they may receive a plenary adult guardianship.
3. Older adults with diminished capacity. These are the cases where someone who once had full capacity is slowly losing that ability due to health issues. If they did not arrange for an agent to make decisions on their behalf using a power of attorney or advance directive, they will need a guardian.

The probate court oversees the guardianship, from appointment to the end of the guardianship. You’ll need to hire a guardianship lawyer to help you during this legally complex process.

Voluntary Vs. Involuntary Guardianship

Because of the civil liberties issues involved, proposed wards have the right to object to their guardianship. These cases are considered involuntary guardianships. They may not feel that they need assistance. In other cases, however, the proposed ward knows they need help and will work with the court and their guardian to create a guardianship that meets their needs. This is considered a voluntary guardianship.

Who Can Qualify as a Guardian in Florida

Between 2023 and 2024, there were 9,269 guardianship cases filed throughout Florida. There were 510 guardianship cases filed in Duval County during that time period. Becoming a guardian is a serious decision that must be properly researched beforehand. In Florida, if a resident of the state wants to become a guardian, they must be:

1. At least 18 years old
2. Mentally competent

If someone wants to become a guardian of a Florida resident, but isn’t a resident of Florida themselves, they have to be biologically related to the ward.

Certain people cannot serve as guardians in Florida. This includes:

• Anyone who has been convicted of a felony crime
• Anyone who has admitted to a serious crime, even without a conviction
• Anyone who is too sick or mentally unable to carry out their responsibilities as a guardian
• Anyone whom the court thinks isn’t able to act as a guardian.
• Anyone who has neglected or abused a child in the past
• Anyone with a conflict of interests

FAQs

Q: What Is a Power of Attorney?

A: A power of attorney is a document that authorizes a trusted person to be in charge of specific or broad tasks. This can include being in charge of the person’s finances. Depending on what the individual wants, a power of attorney’s responsibilities can be limited or extensive. A guardianship is more restrictive for the ward and is only used when a durable power of attorney isn’t enough. A guardianship is typically court-ordered, while a power of attorney is voluntary.

Q: What Is an Annual Care Report for Guardianships in Florida?

A: In Florida, guardianships come with an annual care report. In this report, the guardian is in charge of explaining how the ward will be cared for during the upcoming year. If the ward can understand, the guardian should review the report with them. This report is filed within 90 days of the month when the guardianship was granted. This report is mandatory. If the guardian misses the deadline to file, they may be held in contempt or removed as guardian.

Q: What Is a Limited Guardian?

A: A limited guardian is used for disabled adults who can manage certain tasks on their own but struggle to fully care for themselves. For example, if an elderly loved one is in mild cognitive decline, a limited guardian may be appointed to take care of their finances but has no legal authority over their healthcare decisions. This allows the ward to maintain as much autonomy as possible, which is the overall goal of the court.

Q: What Is a Plenary Guardian?

A: A plenary guardian is used for disabled adults when they cannot take care of themselves in any capacity. This guardianship lets the guardian have full control of the ward’s finances, healthcare, and other important decisions. For example, if a person with severe autism cannot care for themselves, a plenary guardian would be responsible for doing so. This is typically done in severe cases and when it’s deemed right for the ward’s well-being.

Discuss Your Case in a Free Initial Consultation With a Jacksonville Guardianship Attorney

We are here to help you find the right solution for your family. Call our office in Jacksonville at 904-299-6912 or reach out to us online.