Many people responsible for caring for an aging relative or a child whose parents have died undoubtedly face difficulties and challenges. If your loved one needs assistance caring for themselves, they may need a guardian to make crucial life decisions on their behalf. Guardianships can be complicated and expensive, but you don’t have to navigate the process alone. An experienced attorney can help you decide if guardianship is suitable for your loved one.
What Is Guardianship?
Guardianship is a legal arrangement in which the court appoints a person with the legal authority to make decisions on behalf of another person, called a ward. Guardians are appointed in various situations depending on the ward’s needs. The most common guardianships include:
- Guardian of an older adult who can no longer make sound decisions for themselves
- Guardian of an adult who has developmental disabilities or is otherwise incapacitated
- Guardian of a minor, often a child whose parents have died
A guardian of the property or estate can make financial decisions on the ward’s behalf, while a guardian of the person cares for the ward’s physical and personal needs. A person may be both a guardian of the estate and the person.
Understanding IncapacityÂ
For a person to be deemed incapacitated, they must demonstrate a lack of ability to make any decisions, not just responsible decisions. This means the court may deny guardianship if the person in question has a mental illness or makes thoughtless decisions but is not incapacitated. In such cases, the court may require less restrictive alternatives to be considered before guardianship may be granted.
 Steps to Take to Obtain GuardianshipÂ
An individual seeking guardianship must file a petition with the appropriate court. A judge will hold a hearing to determine whether the person in question requires guardianship. The court may ask a medical professional to examine an adult to determine if they are incapacitated and in need of a guardian. If so, the court will appoint one. Courts typically prefer to appoint family members as guardians. Otherwise, the court can appoint a public guardian or professional guardian.
Keep in mind that this can be a protracted and emotionally challenging process, especially if more than one family member wants to be appointed guardian or if someone questions the ward’s need for guardianship.
A guardian may need to seek court approval for many actions they take on the ward’s behalf. Furthermore, the guardian must keep records of expenses and tasks related to the guardianship. Additional court proceedings will be necessary to bring the guardianship to a close.
Contact an Experienced Tampa Guardianship AttorneyÂ
The responsibility of appointing a guardian for an elderly relative or a minor can be significant. Additionally, the process can be time-consuming, stressful, and costly. However, an experienced Tampa guardianship attorney can relieve some of your burdens by helping you navigate the legal system and make the best decision for your family. If you’d like to schedule a consultation with one of our attorneys to discuss your concerns, simply call us at (813) 438-8503 to set up an appointment at our Brandon law firm.