Understanding Guardianship And Its Role In Protecting Vulnerable Individuals

Guardianship plays a pivotal role as a legal service to protect at-risk adults. However, it can be challenging to understand due to the different forms of guardianship and navigating the appointment process. At Astor Simovitch Law we are here to assist you in understanding the complexities of guardianship and how it is crucial to protecting vulnerable individuals.

What Is Guardianship?

A guardian is an individual legally appointed by a judge to protect the personal and property rights of a person who is unable to handle such aspects of their lives themselves. In most cases, a guardian is appointed to oversee an adult who is suffering from mental or physical impairments, including substance abuse issues.

Why You Should Hire A Guardianship Attorney

Because of the complex nature of applying for and receiving guardianship over a ward, it is in your best interest to enlist the help of an attorney who specializes in handling guardianship matters where there is an individual who is suffering from substance use and/or mental health disorders. Some of the major benefits of retaining an attorney include:

Assessing Your Options

Like the individuals seeking to gain guardianship, attorneys specializing in guardianship keep the best interests of the ward in mind. Your attorney will work with you to discuss your options including the two types of guardianship in Florida. These include limited guardianships, which give the guardian few decision-making abilities, and plenary guardianships, which give the guardian full decision-making abilities. They will also discuss the process of taking on a ward and your roles as a guardian in-depth to make sure you fully understand your responsibilities.

Representation In Court

Your attorney provides valuable representation in the legal proceedings. Astor Simovitch Law has the knowledge and experience to present arguments and evidence that protect both the ward and the person applying to become a guardian. In Florida, it is legally required to obtain legal counsel when a minor is involved. One of the major aspects that sets Astor Simovitch Law apart from others offering legal representation is that we specialize in assisting wards who suffer from mental health disorders and substance abuse issues.

Emergency Temporary Guardianship

We understand that no two cases are alike and sometimes it is necessary to file for emergency temporary guardianship to protect vulnerable individuals when time is of the essence. Under Florida law, this process requires legal representation to ensure that there is imminent danger to the individual, their physical environment, and their property. Emergency temporary guardianship is typically granted for 90 days.

​​​​​​Permanent Guardianship

At the same time as the Petition for Emergency Temporary Guardianship is filed, a Petition for Incapacity and Petition for Permanent Guardianship will also be filed. This will trigger the court to appoint an examining committee, which comprises three (3) court-appointed experts who will determine if the guardianship process will continue past the emergency temporary stage.

Ending Guardianship

The goal when filing for guardianship over someone is to get them the help they need so they can finally experience recovery. In addition to giving the guardian the power to place the ward in treatment, and keep them there long enough, the guardian can also take necessary steps to protect any property or assets that otherwise may be wasted by the ward. The long-term goal is to be able to petition the court to restore capacity so that the ward can lead a healthy and productive life without the oversight of the court or the guardian.

Guardianship Filing Process

Guardianship should always be considered a last resort for vulnerable individuals as it restricts their legal rights and autonomy. However, there are many cases where it may be a necessary step to protect their best interests. Some of the most common reasons people file for guardianship is if the alleged incapacitated person (AIP) suffers from Alzheimer’s disease, chronic illness, dementia, developmental disability, or substance abuse issues. Hiring a competent guardianship attorney is critical to determining if legal guardianship is best for the AIP. The process proceeds as follows:

1. Petitioning: Any legal Florida resident over the age of 18 can file a petition to determine if the AIP can act in their own best interests. In some cases, guardianship can also be granted to non-residents who are related to the ward. Sometimes, a professional guardian may be appointed. The petitioning process can be made much easier if you have already hired an attorney to represent the AIP. If not, one will be appointed to them.
2. Hearing: After all the documentation is received, the court will hold a hearing to assess the findings of the examining committee. If the AIP is found to be vulnerable, they will then consider the different options including permanent guardianship.
3. Appointment Of Guardian: If they find that the AIP will benefit most from a guardian, one will be appointed to them. The guardian will receive all the legal documentation stating their responsibilities to the AIP. The courts will determine if the AIP requires a guardianship of person, property, or both.

Required Reports

When an individual is awarded guardianship over a ward, they are required to file reports to the court that prove that they are acting in the ward’s best interest. They include:

Initial Plan

One of the first documents that a guardian has to present is the Initial Guardianship Plan which lays out how the guardian is capable of providing medical, mental, personal, and residential provisions for the ward based on the recommendations of the examining committee.

Annual Plan

Every year that an individual has guardianship over the ward, they are required to submit an annual plan to the courts to ensure the ward’s quality of life remains the same. This plan must include the location, condition, needs, and expected changes of the ward.

If an individual is granted property guardianship or person and property guardianship of the ward, they must submit documentation that includes a complete inventory of all the ward’s assets and property. It must also include any source of income. The initial inventory is critical for the annual accounting report.

Annual Accounting Report

Each year, the guardian is required to file an annual accounting report with the court. This report details any spending made from the ward’s property within that year. It also requires full year-end statements from each bank or other financial institution the ward belongs to.

Guardianship Attorney In Florida

At Astor Simovitch Law, we understand that guardianship is often a necessary step to protect a vulnerable loved one. That is why our team not only provides expert legal counsel on guardianship but also our unwavering support for their advocacy by providing you access to valuable resources to help you and your loved one rebuild their life.

If you have any questions about guardianship and its role in protecting vulnerable individuals or would like to schedule a confidential consultation, call Astor Simovitch Law at 561-419-6095 or contact us online today!