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Full Guardianships

The Miller Elder Law Firm explains what a Full Guardianship is and the process for appointing a guardian. If you or a loved one is in need of setting up a guardianship, contact The Miller Elder Law Firm, PA today.

 


“There’s what’s called a ‘full guardianship,’ which is a two-step process in the state of Florida. What happens with the full guardianship is: a petition is filed to determine if someone has capacity or not. The judge then appoints an examining committee to examine the individual and determine whether or not they have capacity. They will do a physical exam and a mental exam. If the person does not have capacity–and it can be in all areas or in limited areas. For example, can they determine their residence? Can they decide their health care decisions? Can they manage their money?

The examining committee will tell the court in each of these areas, ‘The person can or cannot make decisions.’ If they cannot, the court will remove the person’s rights in those areas and determine them incapacitated. If they are incapacitated, and they’ve never named a power of attorney or a healthcare surrogate to manage their affairs, then the court will appoint a guardian to manage their affairs. In Florida, a guardian has to be over the age of 18, either related to the individual by blood or live in the state of Florida, and never have been convicted of a felony.

If all of those are met, then the person will be named a guardian, and they will manage the affairs of the person who’s incapacitated.”

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