The simplest method for obtaining guardianship of a parent in the state of Florida is to have them sign a power of attorney paperwork naming you as their guardian. The procedure can typically be completed with a notary public, and you are not required to appear in court.
You will need to contact a guardianship lawyer in Melbourne, FL and file a petition with the local court if your parent is incapable of signing the form for any other reason.
To be eligible to submit the petition in the state of Florida, you need to:
- Be at least eighteen years old
- Have a credit check
- Background investigation
- Attend a course on guardianship education
How to take on the role of guardian for a parent who is incapable of doing so:
- Submit a petition to ascertain incapacity: Your parent’s legal incapacity will be assessed by an examining committee.
- A meeting between the committee and the ward is necessary to determine whether the parent is incapable.
- The committee’s conclusions will serve as the basis for the order that the judge issues.
By submitting a petition for an appointment of guardian, you essentially inform them that you are the one wishing to take on the role.
If you are worried that your parent has lost ability and is no longer able to make logical decisions, you should file for guardianship. You will be in charge of making decisions for them if you are given guardianship. You will assume responsibility for their financial matters and any other legal decisions that they would otherwise have to make.
Be aware that there are various guardianship levels available to you. The guardian has the authority to make all decisions for the ward under full guardianship, including financial and medical ones. The guardian’s ability to make sole financial decisions is limited by limited guardianship. Furthermore, parental guardianships may be temporary, permanent, or shared by several individuals.
In the state of Florida, there are between 30,000 and 40,000 open guardianships in Florida at any given time. The fact that the state has a very large retiree population is the number 1 reason for this stat. It’s a simple fact that many people become incapacitated as they grow old. Both the mind and body wither over time. It’s a fact of life we simply cannot escape. This is why it is important to familiarize yourself with guardianship and estate law.
Like we mentioned earlier, getting power of attorney while your loved one is still lucid is an important step. If you do this early enough, you can avoid the process mentioned above entirely. The system exists to protect the ward from those looking to harm them. A panel of doctors and legal experts will decide if an incapacitated person is to be assigned a guardian or not. Careful thought and consideration is given to the topic and the letter of the law will be followed to the T in an effort to protect everyone involved.
If you are thinking about seeking guardianship for a loved one, speaking with an attorney about the matter may be your best bet.
