Navigating the intricacies of guardianship, whether for a loved one or a professional endeavor, can be a challenging task. Recognizing this struggle, this article aims to shed light on the different types of guardianship that exist in Florida and how they differ when it comes to property management.
To start off, guardianship in Florida is governed by Chapter 744 of the Florida Statutes. The law views guardianship as a means to ensure the well-being of those who cannot manage their own affairs, whether physically or mentally incapacitated or minors with inherited assets to manage. The state assigns a qualified person or entity the responsibility to make decisions (personal, financial, etc.) on behalf of the person under the guardianship, commonly referred to as the “ward”.
The types of guardianships in Florida can broadly be categorized into two: guardianship of the person and guardianship of the property. However, the dimensions expand when we take into consideration the duration and degree of responsibility involved.
1-Voluntary Guardianship
Voluntary guardianship allows a competent adult to nominate another person to manage their affairs. Typically, this happens when an individual anticipates a pending incapacitation or simply recognizes their inability to effectively manage their assets. The key distinction here is that the person seeking guardianship possesses the capacity to understand the decision they’re making.
2-Standby Guardianship
This form of guardianship is activated when a guardian nominated by the court or by the ward themselves becomes unable to serve. The standby guardian assumes all responsibilities originally bestowed upon the initial guardian once a triggering event occurs. It provides a seamless transition that ensures the ward’s needs and property management continues uninterrupted.
3-Emergency Temporary Guardianship
An Emergency Temporary Guardian (ETG) is appointed by the court in situations where the ward is in immediate danger and delay in appointment would cause harm. This type of guardianship is only valid for 90 days and is usually a predecessor to a plenary guardianship.
4-Plenary Guardianship
Plenary guardianship is the most comprehensive form of guardianship. The court appoints a plenary guardian when the ward is fully incapable of caring for themselves and their property. This guardian has full authority over the ward’s person and property. The process of obtaining this guardianship is lengthy and requires substantial evidence to prove that lesser forms of guardianship would not sufficiently meet the ward’s needs.
5-Limited Guardianship
Contrastingly, limited guardianship is initiated when the court deems that the ward is capable of managing some, but not all, of their affairs. The guardianship is ‘limited’ to specific aspects of the ward’s life and/or property.
When diving deeper into the distinction between guardianship of the person and guardianship of the property, it’s vital to understand that they center around very different responsibilities.
In the case of guardianship of the person, the guardian is responsible for overseeing the ward’s personal affairs, such as health care decisions, residence, and, in the case of minors, education. This form of guardianship is prioritized when individuals cannot make or communicate responsible decisions concerning their health and safety.
On the other hand, guardianship of the property involves managing the ward’s assets, finances, and overall estate. This includes ensuring that the ward’s property is used for their best interest and maintaining meticulous records of all financial dealings.
Understanding these nuances helps guide appropriate decisions when seeking guardianship or acting as a guardian in Florida.
In addition to providing you with a clear understanding of the various forms of guardianship within Florida, it is also our responsibility to keep you updated on new developments. We are excited to inform you about a significant update in the guardianship law – Florida recently enacted the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. This act allows for the appointment of “supportive guardianship,” which can be tailored to address the specific needs of the ward, further aiding in preserving their autonomy. The law promotes less restrictive alternatives, also emphasizing the ward’s rights and the guardian’s responsibility to act in their best interests.
In conclusion, guardianship is a hefty responsibility that requires developing a solid understanding of the legal terrain.
