What is a guardianship?

A guardianship is a legal relationship between a person appointed by the court, called a guardian, and an incapacitated person, called a ward. In Florida, a guardianship can be established for the purpose of making decisions for a person who is no longer able to make decisions themselves. This could be a young person who is still a minor or a senior citizen who is elderly and/or incapacitated. In the state of Florida, a guardianship is established when a court determines that an individual is incapacitated and appoints a guardian to manage their property and/or make personal decisions on their behalf. A guardianship must be approved by a judge and is in effect until the guardianship is terminated, usually through death or the incapacitated person regaining their ability to make decisions. The purpose of a guardianship is to protect the ward’s best interests. A guardian has the power to make decisions regarding the ward’s medical care, finances, living situation, and more. The guardianship order will also identify the powers that the guardian has over the ward. The guardian is responsible for making decisions consistent with the ward’s best interests and in a manner that will benefit the ward. The guardianship is supervised by the court, with periodic reviews to ensure that the ward’s best interests are being taken into account and that the guardian is following the court order. In Florida, guardians are required to submit a yearly report to the court regarding the ward’s situation, but courts may order additional reporting as deemed necessary.

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What is a guardianship?

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