Asked Questions

Guardianship is a legal process that is regulated by the state of Florida. The primary objective of the Florida law that governs guardianship proceedings and guardian activities is to safeguard the interests of incapacitated individuals and ensure their well-being.

The legal process for establishing guardianship in Florida starts when an individual or entity ("Petitioner") recognizes that someone may lack the capacity to make their own decisions and may require a guardian. The Petitioner files a petition for guardianship with the court through an attorney. Under Florida law, the concerned person or entity must be represented by an attorney throughout the guardianship proceedings. In case of an emergency, an Emergency Temporary Guardian may be appointed. The court will then appoint an independent attorney for the alleged incapacitated person, as well as a three-member examining committee to assess the person's situation. Finally, a hearing will take place before a judge to decide whether or not guardianship is required.

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Incapacitated individuals who lack financial resources and do not have willing, qualified, and available family or friends may be eligible for services.

Professional guardianship is established through the local court.

Contact the VA facility nearest you: https://www.va.gov/directory/guide/division.asp?dnum=3

Any person who is not able to manage their own funds.

POA is given to a person whom you trust to make medical and/or financial decisions on your behalf.

This is the least restrictive process compared to guardianship.

Make decision for yourself before others make it for you.