What Is a Veterans’ Guardianship?
Veterans’ guardianships are similar to guardianships established by the probate court for civilians. In some cases, veterans who suffer from mental or physical incapacity due to service-related injuries such as Post-Traumatic Stress Disorder cannot care for themselves. Veterans’ guardianships are designed to protect veterans and family members of veterans who are entitled to receive various types of benefits from the Department of Veterans Affairs. These guardianships ensure that incapacitated veterans receive the care they need while preventing benefit recipients from spending their money recklessly or unwisely.
Veterans’ Guardianships in Florida
In Florida, guardianships for veterans are governed by the Florida Guardianship Law. The specific code sections that apply to veterans’ guardianships are found in sections 744.602 through 744.653 of the Florida Statutes.
Petition for Appointment of Guardian
In most cases, before a veteran’s family member can file a Petition to appoint a guardian under the Veterans Guardianship Act, the Department of Veterans Affairs has already determined that the veteran is in need of a guardian. As such, the VA will customarily locate a family member who is qualified to serve and the Petition will be filed at that time.
Incapacity Determination
Before the court can appoint a guardian, the Department of Veterans Affairs must determine whether the veteran is truly incapacitated. The VA assigns its own medical officers to examine the veteran and conduct an interview to gather evidence of any physical or mental impairments. This process differs from the incapacity procedures in the civilian context, which use a committee of civilian physicians and other health professionals to determine incapacity. If the VA determines that the veteran is incapacitated, its officers will issue a certification of incapacity.
Appointing a Guardian
After the VA determines that a veteran is incompetent – either partially or wholly – the court will appoint a guardian to oversee the veteran’s property, which includes authority to control and protect real property purchased with VA benefit funds. Guardians must obtain a bond and file an inventory of all the veteran’s property with the court. Once a year, the guardian must also file an annual accounting with the Department of Veterans Affairs and the court.
Helping You Help Your Loved Ones
Navigating the guardianship process for veterans requires a tremendous amount of detail and dedication. It is important to have a knowledgeable guardianship attorney in your corner. Call my office today at (772) 220-9699 to learn more about veterans’ guardianships in Florida. I serve veterans and their families throughout the state of Florida.