What Is Guardianship?

Guardianship is a legal arrangement in which one person (the guardian) is given the legal authority to manage the personal affairs of another person (the ward), who lacks the capacity to do so themselves. The purpose of guardianship is to ensure that a person who is unable to make sound decisions concerning their finances, health care, and day-to-day life is given a court-appointed guardian who will make these decisions on their behalf.In the case of adult guardianship, the guardianship arrangement may either be limited or plenary. Limited guardianship means that the guardian is only given the legal power to make a certain class of decisions for their ward – for example, decisions about financial or property matters only. Plenary guardianship, on the other hand, means that the guardian is given the power to make any decision that their ward would ordinarily have been able to make for themselves. Guardianship for substance abuse cases may either be plenary or limited, depending on the impact which substance use is having on the individual concerned.Adult guardianship may also be temporary or permanent. Permanent guardianship is typically used in cases where a person is unlikely to recover their capacity (for example, they have Alzheimer’s or have suffered a traumatic brain injury). Temporary guardianship, in contrast, is only used for a short period of time, when there is an expectation that the ward will be able to make decisions for themselves again in the future.

Why Do Those Struggling With Addiction Need Guardians?

When a person is in the grips of addiction, their judgement is usually significantly impaired. They may not be able to accurately evaluate risks and benefits, and may lack the ability to appreciate the consequences of their decisions. Many of their decisions may also be driven or influenced by their desire to continue using whatever substance they are abusing. These issues may continue to impact someone who has entered a rehabilitation program, and a person who is in a rehabilitation facility will also find it difficult to manage their affairs while focusing on recovery. For all these reasons, it is strongly recommended that the families of those struggling with substance abuse obtain guardianship until their loved ones have regained the ability to make rational choices for themselves.

How Can Guardianship Help A Loved One Struggling With Substance Abuse?

By securing an appointment as your loved one’s guardian, you’ll be temporarily empowered to make important decisions on their behalf. This could include decisions relating to their treatment for addiction, their place of residence, how their finances are managed, what purchases they make, and so on. Importantly, being appointed as a guardian for your loved one means that you can determine (in consultation with their medical team) how long they should remain in a rehabilitation facility for. The appointment will give you peace of mind that your loved one’s interests are being taken care of, and that they are not making reckless decisions with regards to their health and financial resources. Your loved one will also benefit from being freed from the stress of managing their personal affairs while they focus on their journey to recovery.

What Are The Criteria For Guardianship?

Because guardianship involves a significant restriction of a person’s freedom to make decisions, a court will only appoint a guardian when there is clear evidence that a person lacks the ability to make rational decisions for themselves and manage their own affairs. To determine whether a person meets the legal threshold for incapacity, a court will rely on evidence provided by a panel of psychiatric experts, as well as statements from other medical experts, social workers and family members, as necessary. If, after evaluating this evidence, the court determines that the person lacks capacity, it will grant the least restrictive guardianship order possible in the circumstances, based on the recommendations of the panel.

How Can A Guardianship Attorney Assist With The Process Of Obtaining A Guardianship Appointment?

Deciding whether it would be appropriate to seek appointment as your loved one’s guardian can be challenging, and you may be worried that your emotional response to your loved one’s addiction is affecting your ability to evaluate the situation. An attorney can help you to determine whether a guardianship petition would be a suitable next step, and can explain the process to you so that you feel comfortable proceeding.To obtain a guardianship appointment for substance abuse, you will need to file a ‘Petition to Determine Incapacity’. Every person who petitions the court to be appointed as a guardian must be represented by a guardianship attorney. Your guardianship attorney will draft the petition, and arrange for additional expert evidence to be provided to the court if necessary. They will also prepare oral argument to present at the hearing to determine the petition’s outcome, and will answer any questions the court has concerning your suitability to be appointed as guardian. Experienced Florida Guardianship Attorneys Are Here To Help Families Affected By Substance Abuse Watching a loved one struggle with addiction can be incredibly difficult. At Astor Simovitch Law, we understand just how challenging it can be to support a loved one who is abusing alcohol or drugs and making reckless decisions. Our firm has a wealth of experience in facilitating guardianship appointments in cases of substance abuse, and our guardianship attorneys are renowned for their compassionate and skillful legal service. For total peace of mind that your loved one’s best interests will be taken care of while they recover from their addiction, contact us today at 561-419-6095. Book a Free, Confidential Call With Astor Simovitch Law Free. Confidential. No obligation to file anything.

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Astor Simovitch Law Blog

Guardianship For Substance Abuse: Protecting A Family Member Who Cannot Protect Themselves

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Substance use disorder is a form of behavioral health disease which affects millions of people globally each year. For the families of those who are struggling with addiction, knowing how to strike the balance between supporting them on the journey to recovery while also intervening in self-destructive cycles can be difficult. If you’re worried that […]

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Florida Estate Planning When A Family Member Has Mental Illness

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Should You Call A Family Crisis Intervention Law Firm Or An Interventionist First?

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The Legal Process Explained By A Florida Guardianship Attorney For First-Time Petitioners

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Filing for guardianship can feel overwhelming when you are trying to protect someone who cannot safely manage personal, medical, or financial decisions. A Florida guardianship attorney can help first-time petitioners understand what the court expects before they begin. What Guardianship Means Under Florida Law Guardianship is a court-supervised legal arrangement for someone who cannot make […]

Living Out of State While Your Child Struggles in Florida? You May Still Have Legal Options

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Quick Answer Can I file a Marchman Act petition if I live outside Florida? Yes. Florida law does not require the person filing the petition to live in Florida, only that your child currently be located in the state. Any relative can file, regardless of where they live. No filing fee. (Fla. Stat. § 397.68112; […]

WHAT OUR CLIENTS SAY

“The nightmare of trying to help our child caught in the vicious spiral of drug addiction suddenly required the services of a knowledgeable attorney. Mark Astor not only surpassed that desperate need but he added the element of genuine concern for our family. Compassion and legal expertise are seldom found in one individual, but Mark is someone who has both and will work to tirelessly to help you during your time of need. I certainly hope you never need his help, but if you do, rest assured that you are in good hands.”

Marc, Florida

“Mark Astor is a life saver...literally! I'm so grateful for this firm. I live in NC and sent my son to a rehab in Florida. My greatest fear was that he would walk out and be missing several states away. The morning after he arrived, I received the call that he was indeed leaving. I called Drug and Alcohol Attorneys and asked them to explain my options. Mr. Astor was patient with me as I cried and probably wavered for a few hours before finally making the decision to file the Marchman Act. Mr. Astor was professional, yet very caring...”

Donna, North Carolina

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