Expert Guardianship Service
Guardianship is a legal process where a court appoints a guardian to make personal and/or financial decisions for a minor or an adult with mental or physical disabilities. Once a guardian is appointed, the person is referred to as a “ward.”
All guardianships, whether for minors or adults, are under court oversight to ensure the guardian acts in the ward’s best interest. Several forms are used in this process, including petitions to determine incapacity, letters of guardianship, and guardianship plans. These forms are designed to meet specific needs and are available in both RTF and PDF formats.
Guardianship Process
Guardianship In Florida
In Florida, a guardian is required for a minor when the parents are deceased or incapacitated, or when the child receives a large inheritance, lawsuit proceeds, or insurance policy benefits exceeding statutory limits. Adult guardianship occurs when the court determines an individual is unable to make decisions independently due to mental or physical impairments. The court then assigns decision-making authority to a guardian. This step is taken only when no less restrictive alternatives, such as a durable power of attorney, trust, or healthcare surrogate, are suitable.
Florida law allows for both voluntary and involuntary guardianships. Voluntary guardians can be established for an adult who is mentally competent but unable to manage their estate and seeks a guardian’s help. Involuntary guardians are assigned when the court finds that an individual cannot make decisions for themselves. Florida law emphasizes the least restrictive form of guardianship, which can be limited or plenary. Limited guardians are assigned when the ward can perform some tasks but not all, covering only specific areas where the ward needs help. Plenary guardians are assigned when the ward cannot make any decisions about their personal care or property, giving the guardian full decision-making power.
Visit The Law Office of Holly A. Mantle
When you need a compassionate and knowledgeable guide through this process, Holly Mantle is your best choice. With expertise in Florida guardianship law, Holly ensures that the rights and best interests of the ward are protected.
Contact Holly Mantle today to take the first step toward resolving your guardianship needs efficiently.