Florida Guardianship by Kathleen Bryan: Introduction

Guardianship is meant to protect an incapacitated person who is incapable of managing his or her affairs.

A guardian of the person is responsible for the care of the ward, such as living arrangements and medical care. Whereas a guardian of the property is responsible for managing the ward's finances. A guardian can also be appointed both over the person and property of the ward.

What is a Guardianship?

Guardianship: A legal proceeding in the circuit courts in which a guardian is appointed to exercise the legal rights of an incapacitated person. The process is governed by Chapter 744, Florida Statutes.

Incapacitated Person: A person who has been judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of the person.

Guardian: A person who has been appointed by the court to act on behalf of a ward's person or property, or both. A guardian may be a family member, friend or professional.

Ward: A person for whom a guardian has been appointed.

A court will only appoint a guardian where there is no less restrictive alternative to guardianship available -- such as a Durable Power of Attorney or Advance Directive for Healthcare -- that would sufficiently address the problems of the incapacitated person. Fla. Stat. § 744.331(6)(b).

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