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Who may have a guardian appointed to manage his/her affairs?

• A person who lacks the capacity to make or communicate responsible decisions concerning personal or financial matters. The fact that someone has some sort of diagnosis or disability does not automatically equate to the need for a guardian. In most states, mental illness, developmental disability, physical incapacity, chronic intoxication, or even advanced age can be identified as the basis for the lack of decisional capacity. 

• A capacitated person who voluntarily contracts to have a guardian, usually for financial assistance only.
  

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Who may be appointed as a guardian?

• Individuals at least 18 years of age who have not been convicted of a felony or adjudicated disabled

• Non-related professional guardians at least 18 years of age who have not been convicted of a felony or adjudicated disabled

• A public or private institution not supplying housing

• Financial institutions (for estate matters only)..
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What are alternatives to appointing a guardian?

• Powers of attorney for healthcare or financial management

• Living wills

• Trusts

• Case/care management services

• Representative payee

• Healthcare surrogate
  

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How does one have a guardian appointed?

• A petition, which is the official request for the appointment of a guardian, is prepared and signed by someone alleging incapacity
  and the need for guardianship;

• The petition is filed with the court;

• A court hearing is held;

• The court determines based on the evidence presented that the individual is incapacitated according to the laws of Florida and guardianship is deemed appropriate;

• The court decides who or what entity will act as guardian;

• The court decides specifically what the authority of the guardian will be.
  

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What circumstances would make appointing a
professional guardian be the preferred choice?

• Families are unable to assume these kinds of increased responsibilities;

• Family conflict may create the need for unbiased professional independent decisions on behalf of the client;

• Lack of family would call for a professional guardian to be appointed for a person in need;

• Legal protection is needed for individuals who become easy prey for exploitation.
  

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