Can Guardianship Help Someone With A Neurological Condition?

It can be heartbreaking to watch a loved one who was once able to look after themselves slowly experience neurological decline that begins to affect their ability to cope with the demands of day-to-day life. If your loved one has recently been diagnosed with a neurological condition, has suffered a traumatic brain injury (TBI), or is experiencing cognitive decline associated with advanced aging, an attorney experienced in Florida guardianship law is your first port of call. They’ll be able to help you plan for all aspects of your loved one’s care, giving you peace of mind that their best interests will always be protected.

What Is Guardianship?

Guardianship is a special legal arrangement in which one person (the guardian) is appointed as the decision-maker for another person who no longer has the capacity to make decisions for themselves or manage their personal affairs (their ward). Minor guardianship – including grandchild guardianship – is typically used when a child has lost both parents, or their parents no longer have the capacity to look after them. Guardianship in the case of adults, in contrast, is used in circumstances where an adult no longer has the mental capacity to look after themselves or make sound decisions in their own interests. In these circumstances, they require a guardian to make decisions on their behalf. An experienced Florida guardianship attorney will be able to advise you on how to determine whether a loved one’s incapacity has reached this stage.

Guardianship is a legal arrangement that can be adapted to the unique circumstances of the incapacitated person. For example, some guardianships are related to a particular class of decisions only – such as decisions about medical treatment, or decisions concerning financial affairs – whereas other guardianship arrangements are ‘plenary’. Plenary guardianship empowers the guardian to make any decision on behalf of their ward that their ward would ordinarily have been able to make for themselves. This could include decisions about their ward’s medical treatment, place of residence, investment of assets, and so on.

Common Neurological Conditions That May Require Guardianship

Sadly, neurological conditions are not uncommon, especially in older people. A neurological condition is any disorder that affects the functioning of the nervous system – the brain, spinal cord and nerves. Not all neurological conditions affect cognitive functioning, although many do. The most common neurological conditions that require a guardianship are Alzheimer’s, senile dementia, Parkinson’s, and epilepsy. When someone has suffered a TBI – whether in a motor vehicle collision or in some other kind of accident or bodily trauma – guardianship is usually necessary. In some cases, people who have had severe strokes will also require a guardian to make decisions on their behalf.

It is important to note that many neurological conditions will not require the appointment of a guardian immediately. Neurological conditions are often degenerative, which means that a person’s condition will deteriorate over time. In these cases, the person will likely be involved in planning for their future decline with the help of a Florida guardianship attorney.

How A Florida Guardianship Attorney Can Help You To Support Your Loved One

It’s normal to feel helpless, overwhelmed, and upset after learning of a loved one’s diagnosis with a neurological disorder. You are likely worried for their safety and well-being, and fear what may happen if they are unable to look after themselves in the future. Experienced guardianship attorneys help Florida families navigate these distressing circumstances every day with compassion and expertise. Let’s take a look at the essential role that guardianship lawyers play in helping families support loved ones with neurological conditions.

Advising on appropriate guardianship arrangements

First and foremost, guardianship attorneys help families to assess whether it is time to consider guardianship for a loved one. They will explain the signs to look out for – such as erratic decision-making, severe forgetfulness, inability to follow care routines and medication regimens, vulnerability to financial exploitation, and general confusion – and help you to determine whether your loved one is likely to meet the criteria for guardianship.

Guardianship attorneys will also help you to explore the various types of guardianship available, and will suggest a guardianship arrangement that best suits your loved one’s individual needs. For example, if your loved one still has the capacity to make most day-to-day decisions, but they are unable to manage their finances responsibly, an attorney may suggest a limited guardianship arrangement that authorizes you to manage your loved one’s financial affairs only.

Preparing a petition of incapacity

Guardianship appointment is a courtprocess, and any person who wishes to be appointed as a guardian in Florida will need a Florida guardianship attorney to prepare the relevant legal documentation. To be appointed as a guardian, you will need to file a ‘petition of incapacity’ in which you allege that your loved one is no longer able to look after themselves, and in which you argue that you are suitably qualified to be appointed as their guardian. Your attorney will draft this petition and include evidence of your loved one’s neurological condition and other relevant information.

The court will then appoint an examining committee to examine the person who is the subject of the petition (formally referred to as the ‘alleged incapacitated person’ or AIP). This examining committee usually has three members, at least one of whom must be a physician or a psychiatrist with relevant experience. The committee will determine whether your loved one is so incapacitated that they require a guardian to be appointed, and will file a report of their findings with the court.

Representing families in court

In Florida, guardianship attorneys play a pivotal role in the court proceedings during which guardianship appointment is adjudicated. Once the examining committee’s report has been filed with the court, the court will arrange a final hearing to either grant or refuse the petition of incapacity. Your attorney will represent you at this hearing, answering any questions the judge may have concerning your suitability to be appointed as guardian. The court will only confirm your appointment if it is satisfied that your loved one is so incapacitated that they can no longer look after themselves and are at risk of neglect if a guardian is not appointed.

Ensuring guardians fulfill their legal duties

Many families find navigating Florida’s guardianship law and the many legal duties that it imposes on legal guardians confusing to navigate. Another important role your guardianship attorney will play is to explain Florida’s reporting and oversight processes for guardians. Florida law requires guardians to submit an annual plan to the court, detailing where their ward’s place of residence is, what their ward’s current needs are (and how these are being met), their ward’s medical treatment, whether their ward has regained capacity in any way, and so on.

Your attorney will help you to meticulously prepare your annual report and will advise you of your obligations throughout the year so that you can ensure you are acting in compliance with the law. They’ll also be on hand to advise you if any issues come up during your appointment as guardian, and can act as a sounding board when major decisions relating to your loved one’s care need to be made.

Compassionate Florida Guardianship Attorneys Are Here To Help You Protect Your Loved One’s Well-being

Deciding to seek appointment as your loved one’s guardian can be a difficult decision, and it may feel like you are taking away their independence. However, guardianship is a vital tool for protecting the safety, well-being, and dignity of incapacitated individuals over the long term. Seeking appointment as your loved one’s guardian with the assistance of an experienced Florida guardianship attorney is the best thing you can do to ensure their interests will always be protected.

At Astor Simovitch Law, our reputable guardianship attorneys have a wealth of experience in advising the families of those with neurological conditions. We strive to provide exceptional legal support to families facing challenging circumstances with compassion, patience and care. We will help you to make the best decision for your loved one’s future, and will guide you through every step of the appointment process and beyond. Contact us today at 561-419-6095 to schedule a confidential consultation or find out more about our wide range of legal services.