What is a voluntary guardianship?
A voluntary guardianship is a legal arrangement in which a court appoints a responsible adult to care for a minor child, elderly adult, or other incapacitated person in the state of Florida. The guardian is given authority to make decisions on behalf of the individual. Generally, a voluntary guardianship is requested by the individual or their guardian ad litem (a person appointed to represent the interests of the person for whom the guardianship is being requested). In Florida, all guardianship proceedings are overseen by the probate court, which must approve any voluntary guardianship order. As a part of the proceedings, the court will review any applicable documents, such as the guardianship agreement, and assess the proposed guardian’s suitability for the role. The court will also determine whether the guardian will have limited or full guardianship authority. In a voluntary guardianship, the guardian is responsible for managing the day-to-day needs of the individual, such as providing housing, medical care, and protecting their finances. This may include filing tax returns, managing investments, or even selling real estate. The guardian is legally required to act in the best interest of the individual and must provide detailed reports to the court periodically about their actions. In Florida, a voluntary guardianship is an important and effective legal tool for protecting those who cannot protect themselves. It is a serious obligation for the guardian, who must carefully consider the needs of the individual and act with the utmost of care and respect.
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