Many seniors remain able to make vital medical and financial decisions throughout their lives. However, an illness, an injury, or dementia could render your loved one unable to care for her or himself. In this case, you may need to seek a court appointment of a guardian.
A court-appointed guardian is taked with making decisions on behalf of an incapacitated audlt, called a ward, that are in the ward’s best interest. The court must first determine that the adult is incapacitated through an evidentiary hearing. The guardian remains accountable for her or his decisions and must periodically update the court on those decisions. Generally, the Florida court attempts to impose the least restrictive relationship on the adult. For example, if the power of attorney provides enough protection, the judge may rule that guardianship is not necessary. The guardianship relationship may be terminated at a later date if the ward regains capacity.