What is a durable guardianship?

A durable guardianship is a court-appointed guardianship that enables the guardian to make decisions regarding the well-being of the ward. In the state of Florida, a durable guardianship is officially known as a “plenary guardianship.” Under a durable guardianship, the guardian has all the powers and authority of a parent, including the ability to make decisions about healthcare, education, daily living, financial well-being, and legal matters for the ward. To become a durable guardian, an individual must prove to the court that they are capable of caring for the ward and making decisions in their best interest. They must provide information to the court, such as their name, address, occupation, and relationship to the ward. The guardian must also demonstrate their ability to care for the ward and their commitment to making decisions in their best interest. Before granting a durable guardianship, the court must evaluate the ward’s capacity to make decisions, and if they have the ability to do so, they must consent to the guardianship. If the ward is a minor, the ward’s parent or existing guardian must also agree to the appointment of a durable guardian. The court will also investigate the character and background of the prospective guardian and must also be satisfied that they are suitable to assume guardianship of the ward. Overall, a durable guardianship allows an individual to make decisions on behalf of an individual who is unable to do so themselves. In Florida, a durable guardianship is an important way to protect the rights of wards and ensure they are being cared for properly.

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What is a durable guardianship?

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