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Basic requirements for a Florida guardianship

It can be very difficult to see the physical and mental deterioration of a loved one. As they get worse, they may not be able to make lucid decisions about their health and finances. When that happens, families may decide to appoint a guardian for their loved one who will be able to act in their best interest. So here are some basic conditions for Florida guardianship.

In Florida, being a guardian means that the appointed individual will take care of all of the affairs of the affected person, who is now known as a ward. The guardian will always have to act in the best interest of the ward. This may include making healthcare and financial decisions.

Some basic qualifications of a guardian are that the person must be over age 18 and a Florida resident. A non-Florida resident can also be a guardian if they are a descendant of the ward or are the ward’s legally adoptive child or adoptive parent. The ward’s spouse, nephew, sister, brother, uncle or aunt may also qualify to be a guardian.

Filing for guardianship in Florida means that three separate documents must be filled out and submitted to a court. These documents include a Petition to Determine Incapacity, a Petition for Appointment of a Guardian, and an Application for Appointment as a Guardian.

Once these documents have been filed, a court will determine if the individual in question should be awarded a guardian. However, any Florida resident who is developing estate planning documents may want to speak with an estate planning attorney in order to explore the process of guardianship in further detail and determine if it is right for them.

Source: FindLaw, “Florida guardianship procedures,” accessed on Nov. 23, 2015

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