The legal responsibilities of a guardian in Florida can be more complex than many people expect. When you are granted guardianship of a minor child or an incapacitated adult, it’s important to consider the many legal aspects of caring for their needs. In this article, we’ll discuss the responsibilities of a guardian in Florida and what you need to know.
Types of Guardianship
In Florida, there are different types of guardianship with different areas of responsibility. It’s helpful to understand that the state aims to preserve as many rights as possible for the person under guardianship (the ward). For this reason, a ward might require only a guardian of the property or of the person.
Limited Guardianship
The Florida statutes dictate that Courts should seek to assign the least restrictive type of guardianship possible. If the potential ward still has the ability to manage some of their affairs, the guardian may only be assigned responsibilities for specific areas.
Plenary Guardianship
This type of guardianship gives the guardian full authority to make decisions for the ward, including medical, personal, or financial choices. It is assigned in cases where a person has a developmental disability or mental illness that interferes with their ability to make decisions. The court prioritizes the ward’s best interests, and the guardian must do the same.
Emergency or Temporary Guardianship
Emergency guardianship may be awarded during a medical crisis, when a person needs someone to make a decision quickly, and they are unable to do so themselves. The guardianship may only be temporary, especially if the person recovers and can resume making decisions. Or, the court may deem that a more permanent guardian is appropriate if a long-term guardianship becomes necessary.
Guardian Advocate
A guardian advocate may be appointed to assist adults who need support due to certain developmental disorders. The guardian advocate’s responsibilities are similar to those of a limited guardian, but a guardian advocate can be appointed even if the ward has not been declared incapacitated.
Types of Responsibility in Guardianship
Responsibilities of guardianship depend on whether you are selected as a guardian of the person, guardian of the property, or both; and whether the guardianship is plenary or limited.
Guardian of the Person
If you are assigned to be guardian of the person, you will be making any personal choices the court decides that the ward can’t make on their own. This may include:
- Signing contracts
- Applying for benefits, such as Medicaid or Social Security Disability Insurance
- Handling any lawsuits the ward is involved in
- Choosing the ward’s residence
- Making medical decisions, including services, therapy, and other support
- Managing daily activities
- Choosing the ward’s education or job training programs
Guardian of the Property
In this role, you will manage the ward’s financial decisions, including:
- Protecting and preserving property, such as financial accounts and real estate
- Making responsible investments in accordance with the law
- Utilizing financial resources for the benefit of the ward in accordance with the law
- Keeping appropriate records and sharing them with the court when necessary
Guardianship Limits
Even if you are granted a more restrictive form of guardianship, that does not mean that you have carte blanche to do whatever you want. There are still restrictions on your decisions for the ward.
For instance, if you wish to buy or sell real estate or other major property for the ward with their money, you will need to file a petition with the court. You can’t just sell their home or car without permission, nor can you use their assets to purchase one—even if you are purchasing it for their use.
It’s also important to note that some rights can be stripped from the ward, but not granted to a guardian. For example, you cannot vote on the ward’s behalf or choose for them to get married.
Sometimes, well-meaning guardians run afoul of the court if they misunderstand the limits of guardianship. For this reason, it’s always a good idea to discuss any significant decisions with your attorney. They will advise you if it’s necessary to seek permission from the court first.
Annual Reporting Requirements for Guardians
Under Florida law, guardians must file annual reports explaining the actions they took on the ward’s behalf in the previous year. The requirements vary depending on the type of guardianship, but they may include decisions such as:
- Physical or mental healthcare
- Living arrangements (moving the ward into a facility or to a new facility, etc.)
- Education or job training
- Financial expenditures, including receipts (for example, paying for the ward’s medical bills or living expenses)
- Other financial decisions
- Entering into contracts on the ward’s behalf
- Any other significant changes
A word of caution: It’s essential that you complete and file the appropriate paperwork on time each year. Failing to do so could lead to the court terminating your guardianship and selecting another guardian. It is important to consult with a guardianship attorney to ensure compliance.
Keeping accurate and detailed records is also crucial to this job. You’ll need to retain copies of any paperwork related to your ward—paid medical bills, medical consent forms, etc. The court will want to review your decisions, and in some cases, they may request more information.
How Can a Florida Guardianship Attorney Help?
These responsibilities may seem simple at first, but as you begin to make decisions for the ward, you will likely have questions. The rules and regulations are not always clear to the average layperson, and it’s easy to make a serious mistake. Your guardianship attorney will guide you through the process, answer questions, and clearly explain your options.
FAQs
How do you learn everything you need to know to be a guardian?
If you are appointed as guardian for a loved one, you will be required to complete a training course within 4 months. This training is either 4 or 8 hours long, depending on the type of guardianship.
Are the guardian of the property and guardian of the person always two separate people?
Not always. If both types of guardianship are necessary, the court may appoint one person to fill both roles, or two separate people. Remember that guardianship can be time-consuming and stressful. Sometimes relatives want to help, but don’t really have the time to perform both roles. By splitting the roles, the court may make it easier to manage the ward’s care. Additionally, dividing the jobs may reduce conflict or allow relatives with different skill sets to help in certain areas.
However, if one person is willing and able to do both jobs, the court may assign them both to that person. Sometimes, this happens if there are no other family members available to help.
Speak with a Florida Guardianship Attorney Today
If you’re wondering whether a guardianship is necessary for a loved one, or have other questions and concerns about guardianship, speak with a guardianship professional before taking the next steps. At the Law Offices of Rina Feld, we offer free 15-minute phone consultations about guardianship in Florida.