What is a guardianship?

A guardianship is a legal relationship that is created in Florida when a court appoints someone a legal guardian for a minor child or disabled adult. It is meant to protect the individual’s interests, as they are unable to do so themselves due to age or physical or mental limitations. Someone may need a guardianship if they can’t make decisions for themselves, handle their own financial affairs, or maintain their own safety. When a court grants a guardianship, the guardian makes decisions for the individual. The guardian is the legal representative of the individual and is responsible for their well-being and safety. The guardianship process in Florida starts with a Petition for Guardianship filed in the county where the individual lives. The Petition will state the reasons why guardianship is necessary. The court will then set a hearing to determine if guardianship is in the individual’s best interests and appoint a guardian. The Guardian will be legally responsible for the individual’s care and can make decisions about their medical care, living arrangements, and personal affairs. A guardianship can end if the individual’s situation changes and they no longer need someone to act as their legal representative. The court can also terminate the guardianship if the Guardian fails to fulfill their duties or misuses their authority or if the Guardian becomes unable to fulfill the responsibilities of the guardianship.

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