Florida Guardianship: Advance Directives and their Role

In Jacksonville Florida and other areas of the estate Florida Estate Planning Lawyers and Florida Guardianship Lawyers use advance directives including Durable powers of Attorney and Designation of health care surrogates to limit the need for Florida plenary or limited guardianship.

Prior to the appointment of a Florida Guardian, the Duval County court or local court will determine whether the ward executed a valid advance directive in accordance with Florida Statutes, Section 765. If a valid directive exists the court will specify what powers the guardian will have in the letters of guardianship. If court is considering modifying or revoking the authority of the surrogate, the surrogate must be given notice prior to the hearing.

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