AVOIDING GUARDIANSHIP: A Guardianship can be avoided by having what lawyers and the medical world refer to as "Advanced Directives". Advanced Directives include 1) Durable Power of Attorney, 2) Healthcare Surrogate Designation 3) Living Will, and 4) Do Not Resuscitate (DNR). The DNR must be approved and signed by a physician. (See Avoiding Guardianship section of this website for further definitions of the above terms)
Typically Guardianships are required in instances where an elderly person needs his/her financial affairs or healthcare decisions managed by another person because they cannot handle it themselves due to an incapacity. In Florida, a minor child may also require a Guardianship. This will occur where the parents pass away or the child receives assets in excess of $15,000.

There are three classifications for Guardianships 1) Guardianship of the Person 2) Guardianship of the Property, and 3) Plenary Guardianship (Guardian of both the Person and Property)

In order to file a Guardianship in a Florida court, the law requires that the person filing the papers must retain an attorney to represent him/her.

A Guardianship proceeding includes a two step process. First the person must be legally determined to be incapacitated to some degree. As part of this process, the courts appoint an examining committee to interview the alleged incapacitated person and examine the circumstances around the need for the Guardianship. Once it is determined that a person is incapacitated, then the courts will then proceed to the second step. Step 2 is defining what type of Guardianship is necessary and who will serve as Guardian. Typically, the courts will appoint a family member as Guardian.

Cost associated with filing a Guardianship related to an adult are over $3,000. Drafting of Advanced Directive documents with an Elder Law Attorney typically costs under $500 for the documents.