Understanding Guardianship

In Florida, guardianship is a legal proceeding by which a competent individual or qualified institution is appointed as the guardian of an incapacitated person. This guardian then has the authority to exercise the legal rights of the incapacitated person on their behalf. In some cases, a bank trust department may be appointed to care for the incapacitated person’s assets.  What Constitutes an Incapacitated Person? In order to be deemed incapacitated, a person does not actually have to be comatose or entirely unable to function. Rather, a person is deemed incapacitated by the court if they are found unable to manage some of...

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Adult Guardianship in Florida

As we age, many adults will experience some decline in health, including cognitive decline. In fact, per the Centers for Disease Control and Prevention (CDC), about 11.7% of all adults will experience some form of cognitive decline once they are over 65. Cognitive decline can be defined as a relative loss of mental capacity and functioning. Cognitive decline can happen for many reasons, including organic brain disorders like dementia or due to stroke or other health conditions. As we age, the risk of decline becomes more pronounced. In addition to the human toll of decline, there are legal concerns facing...

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