In a lot of instances, when an individual ages it becomes harder for him or her to carry out their daily tasks. That’s why so many elderly individuals end up in nursing homes and other treatment facilities. But a nursing home might not be right for your loved one. For example, they may lack the capacity to make important healthcare and financial decisions despite the fact that they successfully live on their own. This is one instance where a guardianship may prove beneficial.
What is the scope of a guardianship?
If you think that a guardianship is right for your loved one, then you’ll need to carefully consider how to establish a guardianship, whether it be voluntary or involuntary. But you’ll also have to consider the scope of the guardianship. A lot of people erroneously believe that the appointment of a guardian means that the guardian has full control over the ward’s affairs. This may not be the case, though.
In fact, Florida law prefers to impose the least restrictive guardianship possible. Therefore, if the court feels comfortable imposing a limited guardianship that grants control to a guardian only over certain matters, such as healthcare decisions, then it will do so. While your loved one may agree to the scope of the guardianship, he or she could contest it. In the latter case, you’ll need to be prepared with arguments that demonstrate why the guardianship needs to be as extensive as you think.
Help you may need to navigate Florida’s guardianship laws
Guardianships are serious matters, and the court treats them as such. Therefore, you need to be prepared to present your position in a knowledgeable fashion. That isn’t always easy to do, especially if you’re unfamiliar with this area of the law. But a skilled legal professional that is experienced in guardianship matters may be able to assist you so that your loved one has the protection that he or she needs.
