Are guardianship and power of attorney the same thing?

No. A Power of Attorney gives only specific and limited authorities to a person, and is easily revoked by the person over whom you have Power of Attorney. A Guardianship gives more stable authorities which only the court can revoke.

Is there only one option with guardianship?

No. In the state of Florida, Guardianships can be over everything or limited to one or only a few aspects. A person may be capable of making certain decisions, but not others; wherefore they may only need a Limited Guardianship. Alternatively, they may need someone to handle all of their decisions and therefore require a full or what is referred to as a Plenary Guardianship.

How long does it take to get a guardianship over someone?

Florida statues govern on how quickly the court must appoint a committee of experts to evaluate the alleged incapacitated person, as well as appoint him/her his/her own attorney. The committee also is required to evaluate and form an opinion within a set amount of time. Once the committee has submitted their report, the court will set a hearing.

How do I get a guardianship over someone?

A petition for guardianship and a petition to determine incapacity must be filed with the court. The court then appoints an attorney to the alleged incapacitated person, and an examining committee. Once the expert committee has evaluated the alleged incapacitated person and submitted reports to the court, then there is a hearing to determine if the person is indeed incapacitated. If incapacity is determined, then the determination must be made as to what type of Guardianship must be given over the person, if any. The potential Guardian’s abilities are reviewed, and a Guardian is appointed. There are further steps following the appointment, but a discussion with an attorney would best prepare you for what your particular situation entails.

For more information, please contact us for a free consultation. Rooney & Rooney, P.A.