Appointing a Guardian in South Florida

Sometimes, especially in old age, people arrive at a point when they are no longer able to care for themselves or their property.  At Matwiczyk & Brown, LLP, we work to ensure that a guardian an individual chooses is able to make the important financial and personal decisions affecting incapacitated people (i.e., "wards") and their loved ones when necessary.  Appointing a reliable guardian can also be an important safeguard against exploitation and abuse.

The guardianship process

Appointing a guardian begins with a petition detailing a person's inability to manage property and self-care.  Once the petition is filed, a court-appointed examining committee-which includes a physician or psychiatrist-must verify the validity of the claims in the petition.  If a person is judged incapacitated by the court, the court can then appoint a guardian.

In order to avoid potential confusion and stress, Matwiczyk & Brown, LLP, can help you appoint a "pre-need guardian" to address the question of who will be the guardian before any situation arises.

The legal responsibilities of guardians

In Florida, preference in appointing a guardian is given to family members of an incapacitated person, as well as relatives who have a relevant educational or professional background for the responsibilities.  In addition to family members, a guardian can also be a trust company, state bank or national bank, health care provider, or a non-profit corporation.

There are many important responsibilities delegated from a ward to a guardian:

  • Contracting
  • Managing property
  • Determining residence
  • Initiating and defending lawsuits
  • Consenting to medical treatment
  • Deciding matters about personal and social well-being

Unfortunately, guardians do not always fulfill their responsibilities and some even take advantage of their powers.  At Matwiczyk & Brown, LLP, we can help you address any possible wrongdoing through our probate litigation services to determine if a guardian or other type of fiduciary should be removed.  To appoint a guardian in Palm Beach County, contact us today or call 561-651-4004.