Independent Living Program - Florida's Center for Child Welfare

Guardianship OptionsFor Adults Who CannotManageTheir Own AffairsWhat is Guardianship?For adults, guardianshiptakes away a person’s rightto make decisions abouthis or her life in thoseareas that a courthas decidedthe person is notcompetent to make theirown decisions. Any personfor whom a guardian hasbeen appointed is called a“ward.”Remember that oneshould neverseek to take awayrights where aperson has thecapacity to maketheir own decisions.Types of Guardianship UnderFlorida LawFull (Plenary) Guardianship,Florida Statute 744.102 (8)(b)A person(s) is appointed by the court to exercise alldelegable legal rights and powers of the person whohas a disability. It requires that there be anadjudication of the person as incapable of handlingany personal decisions, money and property; i.e., whatthe Florida law once called incompetent and now callsincapacitated. Few people require this type ofguardianship.Guardian Advocate, Florida Statute 393.12or Limited Guardianship, Florida Statute 744.102(8)(a) are preferred as less restrictive alternatives to fullguardianship.Limited Guardianship, Florida Statute 744.102 (8)(a)A person(s) is appointed to exercise only specifiedrights and powers which are named by the court. Alimited guardianship occurs when the court has foundthat the individual is partially incapacitated and lacksthe capacity to make some, but not all, of thedecisions necessary to care for his/her person orproperty.Emergency Temporary Guardianship,Florida Statute 744.3031A temporary guardian may be appointedfor the person or property, or both, for aperson who is alleged to be incapacitated,prior to the appointment of a full guardian.A temporary guardian may be appointedonly after a petition for incapacity has been filed. Inorder to appoint a temporary guardian, the court mustfind specifically that there appears to be imminentdanger that the physical or mental health or safetyof the person will be seriously impaired or that their24property is in danger of being wasted,misappropriated, or lost unless immediate action istaken.Permanent Guardianship of aDependent Child: F.S. 39.6221 - Thisis an additional type of guardianshipavailable to certain youth in statecare that allows the court to appointa relative or other adult to assumeresponsibility for the child until he orshe turns 18. It does not require afinding of incapacity. Youth in thesedependency guardianships assume allrights and responsibilities of adulthoodupon turning 18.Voluntary Guardianship, Florida Statute 744.341If the court determines that the individual is notincapacitated, and the individual files a voluntarypetition for guardianship, the court may appoint aguardian or co-guardians of the property of a personwho, though otherwise mentally competent, is unableto manage property. A voluntary guardianship may beterminated by the ward.Preneed Guardian, Florida Statute 744.3045An adult who is competent may designate a person toserve as his or her guardian in the event that he or shebecomes incapacitated in the future.Guardian Advocate (Mental Health)Florida Statute 394.4598The court may appoint a guardian advocate for apatient deemed incompetent to consent to mentalhealth treatment.