Guardianship

Integra Guardians Provides a Wide Range of Care Options for Seniors and the Disabled.

What Is Guardianship?

Guardianship is a legal process governed by Florida Statues and administered by the Circuit Courts in the State of Florida. It is meant as a means of last resort to provide for care of the person and/or the property of an individual deemed incapacitated by the courts.   In a nutshell, the court removes rights of an individual deemed incapacitated (the ward) and delegates those rights (and responsibilities) to a Guardian.    The Guardian is then responsible to the Court for exercising only those rights which the court has delegated to the Guardian.

Guardianship may be limited or plenary.  A Limited Guardianship delegates responsibility to the guardian for only care of the person, or care of the property of the ward, but not both.   A Plenary Guardianship is comprehensive.   The court issued Letters of Guardianship, define the specific rights delegated to the Guardian. Once Guardianship has been established, the Guardian is responsible for some or all of the following duties:

  •   • Provide for Proper Medical Care
  •   • Provide for a Safe and Least Restrictive Living Environment
  •   • Provide for an Appropriate Social Life
  •   • Manage Client Property and Finances

The court will initially require a Care Plan and Inventory of Assets to be filed by the guardian.   Annually thereafter, Care Plans and a Financial Accounting for expenses must be submitted to the court.    These records and reports are reviewed by the court to further protect the ward through their oversight.    The ward is also protected by one or more bonds ordered by the court and required by Florida Statute. A Guardianship may be modified or terminated if the ward regains capacity or becomes rehabilitated with respect to one or more of the removed rights.  A guardian has the responsibility to petition the court for Restoration of Rights, if and when appropriate.

Guardian of the Person

A Guardian may be appointed to assume responsibility for an incapacitated person, or their property, or both.  Thus, a guardian may be a Guardian of the Person, Guardian of the Property or Plenary Guardian (both), with respect to an incapacitated person, or Ward.  A Guardian may only be appointed by a Circuit Court proceeding, in the State of Florida.

The Guardianship process involves:

  •   • Filing a Petition to Determine Incapacity for an Alleged Incapacitated Person
  •   • Examination of the Alleged Incapacitated Person, by a qualified examining committee
  •   • Submission of a report by the examining committee
  •   • A Hearing in front of a Circuit Court Judge or Magistrate
  •   • Appointment of a Guardian by the Court through Letters of Guardianship

A Guardian of the Person has responsibility for the oversight of the person under their care, but not their finances.   Some of the Guardian’s responsibilities include:

  •   • Ensuring a Safe Living Environment, whether at home, assisted living, or in a nursing home or long term care facility.
  •   • Arranging for Home Care, as appropriate.
  •   • Ensuring Medical Care, including making doctor’s appointments, arranging transportation, and making medical decisions, as appropriate.
  •   • Participation in developing appropriate care plans, with Medical other Health Professionals.
  •   • Ensuring an appropriate Social Life for their ward.
  •   • Visiting their Ward on a regular basis.
  •   • Filing regular reports with the Court, as required by Florida Statutes.
  •   • Petitioning the Court to restore rights if/when the Ward regains capacity.

Because a Guardian of the Person does not control their Ward’s finances, the Guardian of the Person must work closely with whomever has responsibility for the Ward’s finances (e.g, Attorney-in-Fact, Guardian of the Property.).

Guardian of the Property

A Guardian may be appointed to assume responsibility for an incapacitated person, or their property, or both.  Thus, a guardian may be a Guardian of the Person, Guardian of the Property or Plenary Guardian (both), with respect to an incapacitated person, or Ward.  A Guardian may only be appointed by a Circuit Court proceeding, in the State of Florida. 

 

The Guardianship process involves:

  •   • Filing a Petition to Determine Incapacity for an Alleged Incapacitated Person
  •   • Examination of the Alleged Incapacitated Person, by a qualified examining committee
  •   • Submission of a report by the examining committee
  •   • A Hearing in front of a Circuit Court Judge or Magistrate
  •   • Appointment of a Guardian by the Court through Letters of Guardianship

A Guardian of the Property has a fiduciary responsibility for the oversight of the ward’s property.   Some of the Guardian’s responsibilities include:

  •   • Prepare and file an Inventory of the Ward’s Assets with the court.
  •   • Marshalling the Ward’s assets (to protect them from exploitation)
  •   • Paying the Ward’s bills and legal debts.
  •   • Paying for the Ward’s housing and medical expenses.
  •   • Investing the Ward’s financial assets prudently.
  •   • Overseeing management of any Real Estate owned by the ward.
  •   • Filing regular reports with the Court, as required by Florida Statutes.
  •   • Petitioning the Court to restore rights if/when the Ward regains capacity.

Because a Guardian of the Property does not have authority for the Ward’s person, the Guardian of the Property must work closely with whomever has responsibility for the Ward’s person.   A Guardian of the Property may have to post an additional bond, as determined by the Court, to further protect the assets of the Ward.    This is in addition to the blanket bond required of all Professional Guardians practicing in The State of Florida.  Furthermore, the Guardian of the Property is limited by statute and may not , for example, sell the Ward’s Real Estate without Court approval, among other things reserved for judicial discretion.