What is Guardianship? This is the court process to remove the rights of an incapacitated person and transfer the rights to someone willing and able to handle the decisions for them. An incapacitated person is someone who due to accident, illness, age or infirmity is unable to make their own financial and/or personal care decisions.
Can Guardianship Be Avoided? ABSOLUTELY! If your loved one is able to understand and sign incapacity documents before becoming completely incapacitated, your family can avoid the unnecessary expense and time of obtaining Guardianship.
What if Your Loved One is Already Incapacitated? Incapacity documents are no longer an available option but the Guardianship process is and consists of a two-step process. The first phase is to determine the person’s level of capacity by a 3 member evaluation team appointed by court to interview the loved one.
Phase two is the process of determining if the proposed Guardian is qualified to serve and is determined by the Guardianship application, fingerprint card, FDLE background check and a court hearing. Once Guardianship is established, Letters of Guardianship are issued which empower the Guardian to make decisions for the incapacitated person.
Please find a list of our initial forms here to help us better serve you. Filled out forms may be returned by email, fax, or regular mail.