What is the Guardianship Process of an Adult in Florida?
The Guardianship Process of an adult in Florida refers to the court procedure whereby an individual is appointed a guardian. The Guardianship Process is the judicial remedy that allows another individual to protect and exercise the legal rights of another individual. Through the Guardianship Process, a guardian is given the ability to exercise someone else’s rights. The Ward is the individual who is has a guardian appointed to act on their behalf because they are unable to manage their property or make their own healthcare decisions. The guardian protects the Ward’s assets and makes decisions for the Ward.
The Guardianship Process of an adult in Florida requires representation by a Florida Guardianship Lawyer. The initial step in the guardianship process is to hire a Florida Guardianship Lawyer to prepare and file two separate petitions with the Court. The first petition is called the Petition to Determine Incapacity. A Petition to Determine Incapacity asks the Court to evaluate an adult’s ability to manage their assets and make their own healthcare decisions. The adult who is the subject of the Petition to Determine Incapacity is called an Alleged Incapacitated Person, or AIP. They do not become a ward until the court takes away rights.