Guardianship of Incapacitated Family Members

Establishing Guardianship in Florida

In the state of Florida, guardianship means managing the affairs of a person who cannot do so on their own behalf. A legally appointed guardian is tasked with determining what is in the best interest of the ward in terms of health care, finances, and more, and they are obligated by law to adhere by strict ethical and statutory guidelines when doing so.

In order to become a guardian for an incapacitated person in Florida, the following Petitions must be filed in the appropriate county in Florida:

  • Petition to Determine Incapacity (This is a formal requests for the court to find that the person in question is incapacitated.)
  • Petition for Appointment of Guardian (This is a formal request asking the court to appoint a guardian for the incapacitated person.)

Once the initial petitions are filed along with supporting documentation, the court will appoint a three member examining committee to conduct examinations of the incapacitated person. The committee members will meet with the incapacitated person and will file their own written reports with the court outlining their findings of whether the person is incapacitated . In all guardianship cases, the court will assign a court appointed appoint a lawyer to represent the interests of the incapacitated person. The incapacitated person may also hire their own private attorney instead of the court appointed attorney if they wish.

Do I Need an Attorney to Establish Guardianship Over Someone Who Is Incapacitated?

Florida law requires guardians to be represented by an attorney. If you attempt to file for guardianship on your own without being represented by a guardianship attorney, the court will reject your request to even file the initial documents required to establish guardianship.

Guardianship Attorney Serving Families in St. Petersburg

At Finley Williams Law, PA, we serve people who are seeking to establish legal guardianship over incapacitated loved ones. We understand the relevant laws and local rules, and we are prepared to help you pursue guardianship. Connect with a member of our team today to schedule your complimentary confidential consultation.

Call (727) 280-6837 today to speak to a guardianship attorney in St. Petersburg.

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