If you are looking to get guardianship of a parent in the state of Florida, the most straightforward way to do so is to get them to sign a power of attorney document designating you as their guardian. You do not need to appear in a courtroom and the process can usually be accomplished with a notary public.
If your parent is incapacitated or not able to sign the document for any other reason, you will need to file a petition with the local court and hire an attorney who specializes in guardianship cases. You may also want to look into hiring a disability attorney in Melbourne, Florida to see if your parent qualifies for more money.
In order to qualify to file the petition in the state of Florida you must
- Be at least 18 years of age
- Submit a credit check
- Submit a background check
- Attend guardianship education course
It helps if you are a resident of Florida as well but there are ways to achieve guardianship if you are not.
Process to become guardian of an incapacitated parent:
- File a petition to determine incapacity - An examining committee will determine if your parent is legally incapacitated.
- The Committee meets with the ward - This step is so that the committee can see for themselves if the parent is incapacitated.
- Judge enters an order - This order will be based on the findings of the committee.
- File a petition for an Appointment of Guardian - This basically lets them know that you are the person seeking to become guardian.
Filing for guardianship is the right step to take if you are concerned that your parent is no longer capable of making rational decisions due to diminished capacity. If you are granted guardianship, you will be responsible for making decisions for them. You will take over their financial affairs and any other legal decision which they otherwise would be required to make.
Recognize that you can choose from many levels of guardianship. Under full guardianship, the guardian is empowered to make all choices for the ward, including financial and medical ones. Limited guardianship restricts the guardian’s power to exclusively make financial choices. Additionally, parental guardianships might be shared by multiple people, be temporary, or be permanent.
