What are the guardianship laws in my state?

In Florida, guardianship law is governed by Chapter 744 of the Florida Statutes. Generally, guardianship is a legal relationship between a guardian and a ward. A guardian is an individual appointed by a court to manage and make decisions for the ward, who is a person unable to make decisions for themselves due to age, illness, or disability. The most common type of guardianship in Florida is for a minor child who no longer has a living parent. This type of guardianship is known as guardianship of the person. The court will appoint a guardian of the minor’s person to make decisions concerning the minor’s health, education, and welfare. The court must also appoint a guardian of the minor’s estate to manage the minor’s property. In addition to guardianship of a minor, guardianship law in Florida also addresses the guardianship of adults, including incapacitated individuals. An incapacitated individual is someone who has been determined by a court to be unable to make essential decisions in their life due to a physical or mental disability. The court appoints a guardian of the incapacitated individual’s person to make decisions on the individual’s behalf and a guardian of the estate to manage the individual’s financial affairs. Lastly, in Florida, guardianship law also establishes the procedure for discharging a guardian and for removing a guardian from office. This includes the court considering any objections to the guardianship that are brought to their attention. Overall, guardianship law in Florida helps to protect vulnerable individuals and minors who are unable to care for themselves. It provides a legal framework to ensure that the best interests of the ward are looked after and that their decisions are made with their best interests in mind.

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