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Guardianship in Florida

ccording to the CDC, the 4- A plenary guardian is appointed by the court to exercise all
average life expectancy of a permissible legal rights and powers to look after the individual and
Aperson born in the United States property.
is 76.4 years. However, individuals Furthermore, individuals may initiate a voluntary guardianship
living in Collier County, Florida, have when they are mentally able but feel that due to their age
the advantage of greater longevity, with or physical condition, they are not able to handle their own
an average life expectancy of 86.1 years, possessions.
according to stacker.com.
With extended life comes the How does guardianship get established?
probability of facing mental or physical A request for identifying a person’s disability is submitted to
disabilities and thus becoming exposed the circuit court for guardianship and normally, at the same time
by Amanda Dorio, Esq. to fraudulent practices or unjust filing a request for appointing a guardian. The court then appoints
influence. As a result, more individuals a lawyer to stand for the suspected incapacitated individual and
understand the necessity to make plans for a possible physical or arranges for an examining committee of three members, including
mental incapacity, which is done through the use of trusts, Durable at least one psychiatrist or physician, to assess the supposed
Powers of Attorney, and Health Care Surrogate Designations. incapacitated person. Following the analysis, the committee
However, in case someone does not have such documents, creates a report and files with the court, after which a hearing is
guardianship becomes beneficial for safeguarding the vulnerable. held to assess the data. If the court finds that the individual is
incapacitated with solid and persuasive evidence, a written order is
What is guardianship? provided and the guardian is chosen.
Guardianship is a legal procedure where a guardian is Establishing a trust, durable power of attorney, and health
appointed to take action on behalf of an individual who can no care surrogate designation may help to avoid guardianship
longer make prudent decisions regarding themselves and/or their or limit the extent of guardianship. Additionally, having a
belongings. Considering guardianship can deprive an individual “Declaration of Preneed Guardian,” which designates a guardian
of their civil and legal rights, the Florida legislation has developed before guardianship is needed, may help to establish a rebuttable
laws to ensure “the least restrictive form of guardianship to help presumption that the designated preneed guardian is entitled to
persons who are incapable of looking after their own needs”. serve as guardian.
As for the various kinds of guardianships, there are four: Guardianship law is evolving continually and is particularly
1- A guardian of the person is accountable for the maintenance intricate, and it is highly advisable to consult with a legal
and care of an incapacitated individual and for making medical, professional if further questions arise.
residential, and social decisions.
2- A guardian of the property oversees the assets and income Amanda Dorio is a wills, trusts and estate planning attorney with
and makes economic decisions. Henderson, Franklin, Starnes & Holt, P.A., based in Naples, Florida.
3- A limited guardian is selected when the court concludes that She may be reached at amanda.dorio@henlaw.com or
a person is unable to carry out some, but not all, tasks related to the by phone at 239-344-1362.
protection of their person or assets.
www.LifeInNaples.net
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36 Life in Naples | March 2023