What is a guardianship and why should I consider it?

A guardianship is a legal arrangement designated by the court in which an individual or organization is appointed to make decisions regarding the personal and financial matters of a minor child or incapacitated adult. In Florida, guardianships are governed by the Florida Statutes, which provide a procedure for establishing a guardianship and guidelines for performing certain duties. Guardianships are often necessary in cases where a minor or incapacitated adult has no capable parent, relative, or friend to make decisions on their behalf. When a guardianship is established, the appointed guardian has the legal authority to make decisions about the individual’s health care, medical treatments, recreational activities, educational opportunities, and other essential aspects of their lives. The guardian can also manage the individual’s finances, including their assets and income. All minors must have a guardian, but adults can also benefit from a guardianship. In cases of extreme illness or disability, a guardianship can ensure that the individual’s estate is properly managed and their wishes are followed. It also provides peace of mind knowing that your legal and financial affairs are in the hands of a trusted guardian who will act in your best interests. When planning for the future, considering whether a guardianship is necessary should be part of your estate planning. It can provide important protection for minors and incapacitated individuals, and provide peace of mind knowing their affairs are being managed by someone with their best interests in mind.

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