(Disclaimer: Although I have been a teacher, a
nurse and a corporate trainer, I have never been a lawyer. The following is my
understanding of the legal process taught in my Professional Guardian Training
Course and my readings of the 2010 Florida Code, Title XLIII,
Chapter 744. It is not intended as legal advice.)
As a Guardian, I thought that this excerpt from my website (guardian-angels-suncoast.com) would be beneficial.
Any person over age 18, who is considered to be a competent adult and has the legal capacity to enter into a contract, is capable of making their own decisions. However, if an adult is unable to manage their own affairs or understand the consequences of their decisions / actions, they may be legally considered "incapacitated." Family members, friends or others who are concerned for that person’s safety can ask the court to appoint a Guardian to make decisions for the person, to monitor their care and safety, and to provide progress reports to the court and the aforementioned interested parties.
In essence, guardianship is removing a person’s civil rights. Therefore alternatives to guardianship must be thoroughly considered before a petition for guardianship is filed with the court. If guardianship is the least restrictive, albeit necessary path, the following steps are followed:
1. An interested party (family member, friend or institution) files a petition for appointment of a guardian with the district court in the county where the "alleged incapacitated person" resides. The proposed guardian is named in the petition. If there is an emergency situation that threatens the safety of the “alleged incapacitated person”, an emergency guardian may be immediately appointed for 90 days to take care of emergent and pressing needs.
2. After a Petition to Determine Incapacity and Petition for Appointment of Guardian is filed, the Circuit Court Judge signs a Notice to Alleged Incapacitated Person (AIP), an Order Appointing Examination Committee, and Order for Counsel for the AIP. Within 5 days of petition, the next hearing date is set.
3. A team of 3 qualified health care professionals are appointed by the court to do interviews, assessments and report to the court within 15 days of appointment. The report includes recommendations as to whether a guardian is needed and, if so, whether the proposed guardian is the most appropriate choice.
4. The person(s) who petitioned the court, the AIP, the Examination Committee and the proposed guardian all receive copies of the petition and notice of hearing date, and are entitled to attend the hearing.
5. The judge may ask anyone at the Adjudicatory Hearing to testify or answer questions about the AIP’s ability to care for themselves and their level of functioning. The guardianship will only be granted if the court is satisfied that there is clear and convincing evidence of incapacity.
6. If the judge agrees that a guardian is needed, the court will approve an order appointing one, and Letters of Guardianship (LOG) will be issued giving the guardian authority to act. If the alleged incapacitated person can make some decisions on their own, the guardianship may be limited to only certain areas of their life("limited guardianship").
7. Once appointed, the guardian is required to file an Initial Guardianship Report (within 60 days of LOG date), an Initial Guardianship Plan and then an annual report with the court (within 90 days of anniversary month of LOG date) on their ward’s care, maintenance and finances.
8. The ward can write to the court at any time requesting a change / termination of guardianship. Once guardianship is ordered, only the court can restore an incapacitated adult to full legal capacity.
Feel free to contact me with any questions! ~John
As a Guardian, I thought that this excerpt from my website (guardian-angels-suncoast.com) would be beneficial.
Any person over age 18, who is considered to be a competent adult and has the legal capacity to enter into a contract, is capable of making their own decisions. However, if an adult is unable to manage their own affairs or understand the consequences of their decisions / actions, they may be legally considered "incapacitated." Family members, friends or others who are concerned for that person’s safety can ask the court to appoint a Guardian to make decisions for the person, to monitor their care and safety, and to provide progress reports to the court and the aforementioned interested parties.
In essence, guardianship is removing a person’s civil rights. Therefore alternatives to guardianship must be thoroughly considered before a petition for guardianship is filed with the court. If guardianship is the least restrictive, albeit necessary path, the following steps are followed:
1. An interested party (family member, friend or institution) files a petition for appointment of a guardian with the district court in the county where the "alleged incapacitated person" resides. The proposed guardian is named in the petition. If there is an emergency situation that threatens the safety of the “alleged incapacitated person”, an emergency guardian may be immediately appointed for 90 days to take care of emergent and pressing needs.
2. After a Petition to Determine Incapacity and Petition for Appointment of Guardian is filed, the Circuit Court Judge signs a Notice to Alleged Incapacitated Person (AIP), an Order Appointing Examination Committee, and Order for Counsel for the AIP. Within 5 days of petition, the next hearing date is set.
3. A team of 3 qualified health care professionals are appointed by the court to do interviews, assessments and report to the court within 15 days of appointment. The report includes recommendations as to whether a guardian is needed and, if so, whether the proposed guardian is the most appropriate choice.
4. The person(s) who petitioned the court, the AIP, the Examination Committee and the proposed guardian all receive copies of the petition and notice of hearing date, and are entitled to attend the hearing.
5. The judge may ask anyone at the Adjudicatory Hearing to testify or answer questions about the AIP’s ability to care for themselves and their level of functioning. The guardianship will only be granted if the court is satisfied that there is clear and convincing evidence of incapacity.
6. If the judge agrees that a guardian is needed, the court will approve an order appointing one, and Letters of Guardianship (LOG) will be issued giving the guardian authority to act. If the alleged incapacitated person can make some decisions on their own, the guardianship may be limited to only certain areas of their life("limited guardianship").
7. Once appointed, the guardian is required to file an Initial Guardianship Report (within 60 days of LOG date), an Initial Guardianship Plan and then an annual report with the court (within 90 days of anniversary month of LOG date) on their ward’s care, maintenance and finances.
8. The ward can write to the court at any time requesting a change / termination of guardianship. Once guardianship is ordered, only the court can restore an incapacitated adult to full legal capacity.
Feel free to contact me with any questions! ~John
No comments:
Post a Comment