Can a guardian be appointed without a court order?

In Florida, a guardian can be appointed without a court order if the person needing the guardianship has executed a power of attorney to name someone they trust as their guardian. This can be done before or after the person has been declared incapacitated by a court. However, the power of attorney must be executed properly for it to be recognized by the court. In some cases, a guardianship is necessary when a person has been declared incapacitated and is unable to make decisions for themselves. Without a valid power of attorney, the court must appoint a guardian for the incapacitated person. This guardian may be a family member, friend, or a professional guardian who is appointed by the court. In conclusion, a guardianship can be appointed without a court order if the person needing the guardianship has executed a valid power of attorney to name a guardian. However, when the person has been declared incapacitated, the court must appoint a guardian for the individual.

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