Can a guardian be appointed over the objections of the ward?

In Florida, a guardian can be appointed over the objections of the ward, but only in extreme circumstances. A court must review both the objections of the ward as well as any other relevant information in order to make a determination. In general, the court must find that the ward lacks the capacity to make an informed decision in order to appoint a guardian over the objections of the ward. The court must also determine that there is a need for a guardian. If the court finds that the ward is capable of making an informed decision and no guardianship is needed, a guardian will not be appointed. Furthermore, if the ward is capable of making an informed decision, they can choose who they would like to be their guardian. In addition, the court must be satisfied that appointing a guardian over the objections of the ward is in the best interest of the ward. This means that the court must consider if appointing a guardian is the only reasonable way to protect the ward’s rights and ensure their safety. The court must also determine if the guardian will be able to act in the best interest of the ward. In Florida, the court’s decision to appoint a guardian over the objections of the ward should not be taken lightly. The court must thoroughly consider the objections of the ward as well as any evidence provided before making a ruling.

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