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WHAT IS THE GUARDIANSHIP PROCESS

The guardianship process is a legal process where a court appoints a guardian to make decisions for an individual who is unable to make decisions for themselves. This may be due to a disability, mental illness, or other incapacity. The guardian may be responsible for making decisions related to finances, healthcare, and other aspects of the individual's life.

A Guardian may be appointed by a court and then become are authorized to make decisions for individuals who are unable to make decisions for themselves due to factors such as age, disability, or illness. This responsibility should be taken seriously and decisions should always be made in the best interest of the individual. The goal of guardianship is to protect the individual's best interests and ensure they receive the care they need. It is important to seek support from trusted friends, family members, or professionals to help navigate decision-making processes. Additionally, practicing mindfulness and self-reflection can aid in developing decision-making skills.



The qualifications to act as a guardian may vary depending on the laws and regulations of your particular jurisdiction. In Florida, no person who has been convicted of a felony or who, from any incapacity or illness, is incapable of discharging the duties of a guardian, or who is otherwise unsuitable to perform the duties of a guardian, shall be appointed to act as guardian. Further, no person who has been judicially determined to have committed abuse, abandonment, or neglect against a child, or who has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.04 or similar statute of another jurisdiction, shall be appointed to act as a guardian. The person attempting to become the guardian should be a responsible adult who is able to provide appropriate care and make important decisions on behalf of the Ward. This most often includes a family member, friend, or professional guardian. It is important to consult with a legal professional to determine the specific qualifications and requirements in your area. Florida Chapter 744 covers who qualifies and who does not qualify to act as a guardian in Florida.



Once a guardian is appointed by the court they are required to provide a level 2 background check, a current credit report, and complete an 8 hr online education course. A guardian also must complete an inventory and plan of care for the ward and report that to the court on annual basis.

It is important to seek legal advice when starting the guardianship process and in most cases a guardian is required to be represented by an attorney throughout the guardianship.

For further help with the guardianship process please contact us at:



6843 Porto Fino Cir, Fort Myers, FL 33912, USA law@warnocklawgroup.com (239) 437-1197

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