Guardianship describes the relationship of legal responsibility that one person has to another. The person who has authority is known as a guardian, while the person in a guardian’s care is known as a ward. One common example of a guardian-ward relationship is an adult child who cares for their elderly parent. A guardian can also be an adult taking on responsibility for a minor child if that child’s parents passed away or someone overseeing the care of a young adult with special needs.
The guardian must ensure they act in the best interests of their ward. That means they could be responsible for managing financial and legal matters and making necessary healthcare decisions.
There are three main types of guardianship based on the extent of the guardian’s authority:
- Guardianship over a person – The guardian becomes responsible for the ward’s care and needs, including medical and personal matters. In cases involving a minor, the guardian can make decisions regarding education as well.
- Guardianship over the estate – The guardian manages the ward’s finances and decides how to sell or spend assets.
- Guardianship over a person and their estate – The guardian has the authority to make decisions about medical, personal, and financial matters.
The relationship between the guardian and their ward can also be divided into types, which include:
- Guardian of an older adult – A guardian may assume care for an elderly adult if the elderly adult can no longer care for themselves.
- Legal guardian of an adult – A legal guardian is appointed when an adult isn’t capable of making sound decisions or caring for themselves. This is common in the case of disability.
- Guardian of a minor – The guardian meets the minor child’s needs and manages financial decisions.
- Medical guardian – A medical guardian makes medical decisions on behalf of an adult who has become incapacitated.
Similar to a guardian, a legal conservator might also be appointed by the court in certain situations. A legal conservator makes financial decisions on behalf of someone who cannot make them on their own.
Applying for Guardianship Over Another Person
The process for applying for guardianship will depend in part on whether the potential ward is a minor or an adult. In instances involving a child, a would-be guardian must file a petition with the clerk of the probate court in the county where the child resides. At this point, the court will appoint an investigator, who will then report back to the court with their findings. The judge hearing the case will then make a determination about whether you will be appointed the child’s guardian.
To apply for guardianship of an adult, you must petition the probate court where the other person resides. Any interested party can file a petition for guardianship. Once you have filed this petition, the court will investigate the matter, schedule a hearing, and decide whether it is in the other person’s best interest for you to become their guardian.
If the court deems the person in question is incapacitated and no alternative options to guardianship exist, they should grant your request. However, the process isn’t necessarily over. You might have to file additional documents with the court. These documents will depend on whether you were granted guardianship over a person (that is, the person’s ongoing care), estate (their financial decisions), or both.
Contact an Attorney
Whether you’re applying for guardianship of an adult or child, there is a procedure you must go through and deadlines to follow. This isn’t something you should attempt to handle on your own. A qualified attorney can assist you with this complicated legal process, greatly increasing your chances of a successful outcome. If you have any further questions about the process of becoming a legal guardian, contact our Tampa elder law attorneys by calling (813) 438-8503.