Wards in plenary guardianships are, by definition, unable to care for themselves. A plenary guardian is a person appointed by the court to exercise all delegable legal rights and powers of the adult ward after the court makes a finding of incapacity. A limited guardianship is appropriate if the court finds the ward lacks the capacity to do some, but not all, of the tasks necessary to care for his or her person or property and if the individual does not have pre-planned, written instructions for all aspects of his or her life. Legislative intent establishes that the least restrictive form of guardianship is desirable.Īccordingly, Florida law provides for limited as well as plenary adult guardianship. A voluntary guardianship may be established for an adult who, though mentally competent, is incapable of managing his or her own estate and who voluntarily petitions for the appointment. Guardianship is only warranted when no less restrictive alternative-such as durable power of attorney, trust, health care surrogate or proxy, or other form of pre-need directive-is found by the court to be appropriate and available.įlorida law allows both voluntary and involuntary guardianships. After adjudication, the subject of the guardianship is termed a "ward."įlorida law requires the court to appoint a guardian for minors in circumstances where the parents die or become incapacitated, or if a child receives an inheritance or proceeds of a lawsuit or insurance policy exceeding the amount allowed by statute.Īdult guardianship is the process by which the court finds an individual's ability to make decisions so impaired that the court gives the right to make decisions to another person. Additionally, as was stated above, the letter should be notarized or approved by the representative with court authority.A guardian is a surrogate decision-maker appointed by the court to make either personal and/or financial decisions for a minor or for an adult with mental or physical disabilities. The signature will validate the intentions of the parent and designate that the document contains the true and correct information. The letter must be signed by the parent or original guardian of the child. This part is supposed to provide information about whether the guardianship can be transferred from the guardian further to another party. It can include dietary guidelines, information about medical care, and other similar questions If there are any particular details or specific instructions that the guardian is supposed to follow, then they should be described here. For example, it should be defined in the letter whether or not the guardian is authorized to make medical decisions on behalf of the child. The letter should indicate what duties does the guardian have, what are their rights in this arrangement, and what authority they are permitted to exercise. For example, the document can contain a limitation that does not allow the guardian and the child to leave the local area. Here the parties can designate information about the guardianship, such as when it begins and when it is terminated, if it can be extended in case of delay or not, and whether or not there are any restrictions to it. They can describe the situation, providing essential detail such as the reasons for temporary guardianship, where they will be during it, and how to reach them if necessary. In this part of the document, the parent can state why they have to transfer the custody of the child to the guardian. The information can include the full name, address, place of birth, date of birth, and ID number. The document should include the identifying information of the parent (or original guardian), the child (called a "ward"), and the guardian who is receiving temporary custody. A common Guardianship Letter template can contain the following:
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