Q: How does guardianship work in Florida?
In Florida, guardianship is a legal process where the court appoints an individual or entity to manage the affairs of a person who is incapacitated or unable to make decisions for themselves.
Q: How long does a guardianship last in Florida?
Guardianship in Florida typically lasts until the individual regains capacity or passes away, unless terminated by a court for specific reasons such as abuse or neglect.
Q: How much does guardianship cost in Florida?
The cost of establishing guardianship in Florida can vary widely based on attorney fees, court costs, and other related expenses.
Q: Who qualifies as a guardian in Florida?
In Florida, a guardian must be at least 18 years old and have no felony convictions. Professional guardians must meet additional requirements.
Q: Do guardians get paid in Florida?
Yes, guardians can receive compensation for their services, but the amount is subject to court approval and typically depends on the complexity of the guardianship duties.
Q: How do I give guardianship to a family member in Florida?
To give guardianship to a family member in Florida, you must file a petition with the court, undergo a background check, and potentially attend a hearing. A judge will make the final decision.
Q: Who Cannot be a guardian in Florida?
In Florida, individuals with felony convictions and minors cannot serve as guardians.
Q: Does guardianship override power of attorney in Florida?
Yes, in Florida, a court-appointed guardianship generally takes precedence over a power of attorney.
Q: Do I need an attorney to file for guardianship in Florida?
While it’s not mandatory, hiring an attorney is highly recommended when filing for guardianship in Florida due to the complex legal procedures involved.
Q: Is guardianship the same as custody in Florida?
No, guardianship and custody are different legal concepts. Guardianship usually refers to a broader range of responsibilities and is often used for adults, while custody pertains to the care of minor children.
Q: What is the difference between guardianship and power of attorney in Florida?
Guardianship is a court-ordered role that typically involves a broader range of responsibilities and oversight than a power of attorney, which is a legal document granting specific powers to an individual.
Q: How much does it cost to file guardianship papers in Florida?
The filing fees for guardianship can vary by jurisdiction not including other costs like attorney fees.
Q: What does it mean to be someone’s guardian?
Being someone’s guardian means you are legally responsible for their well-being, which includes making decisions related to their health, finances, and overall care.
Q: What makes someone my guardian?
A court appoints someone as your guardian usually because you are incapacitated and unable to make decisions for yourself, or in the case of minors, if parents are unable or unfit to care for the child.
Q: What determines a guardian?
A guardian is determined through a court process that takes into account the best interests of the individual in question, the qualifications of the proposed guardian, and other relevant factors.
Q: What are the different types of guardians?
Types of guardians include plenary guardians, limited guardians, and guardian advocates, each with varying degrees of responsibility.
Q: What qualifies as a parent or guardian?
A parent is the biological or adoptive parent of a child. A guardian is someone legally appointed to care for a person.