Rights And Assistance For Ward, Spouse Or Family Members

A ward does not forfeit all of his or her rights simply because he or she has been adjudicated as incapacitated and in need of guardianship. There are many important rights that a ward retains throughout the duration of his or her guardianship. Whether you are a court-appointed guardian who needs legal advice regarding the legal rights of your ward, or you are family members who want to be sure that a guardian is not exceeding legal authority, our firm can provide you with the counsel you need.

Rights Retained By A Ward During Guardianship

One of the most obvious but important rights a ward retains is to have a capable guardian. This means that a guardian must responsibly manage the ward's finances, legal affairs and any other matters within the scope of the guardianship.

Among the other rights a ward retains are:

  • Protection from exploitation and abuse or neglect
  • Choosing, within reason, where he or she lives
  • Proper medical care and other services to increase quality of life
  • Access to education
  • Proper notice of all actions relating to the guardianship
  • Access to legal counsel

There are several rights that a court can take away from a ward and bestow upon a guardian; these include the ability to enter into legal contracts. There are still other rights that a court can strip from a ward but not appoint to a guardian; these include the right to vote.

Rights Of Spouses And Other Relatives

A ward's spouse, dependent and/or other relatives also have the right to financial support and the right to ensure that a guardian is properly carrying out his or her legal duties. Families who suspect that a guardian is taking advantage of a ward or otherwise not fulfilling his or her obligations can petition a court to have the guardianship terminated and a successor guardian appointed.

Discuss Your Guardianship Concerns Now

Our attorneys are available to answer your questions about guardianship in Florida. To speak with a lawyer, email us now or call our offices in Fort Myers at 239-344-9430 (877-243-1624 toll free).