Before You Become Impaired
Many older adults realize that they are slowly becoming increasingly physically impaired. Although it can be difficult to face the aging process, the reality is that these issues are a part of life. By addressing them head on, you can plan for the future on your own terms. Similarly, unexpected illnesses and severe accidents can leave an otherwise capable person unable to manage his or her own property. If you are elderly or physically impaired, a voluntary guardianship is one way to ensure your property is handled by someone you trust.
Establishing a Voluntary Guardianship
In Florida, guardianships are governed by section 744 of the Florida Statutes. As the name indicates, a voluntary guardianship is an intentional process in which an individual asks the court to appoint a guardian on his or her behalf. To request a voluntary guardianship, the impaired individual must still possess the mental capacity to create a guardianship. It is important to remember that voluntary guardianships are limited to property – not the physical person. The individual asking for the voluntary guardianship must be completely mentally sound.
Additionally, the impaired individual must be unable to look after his or her property due to physical frailty or advanced age. To prevent abuses, the law also requires that an individual seeking a voluntary guardianship obtain an affidavit from a physician stating that the person has the requisite mental capacity to ask for a guardian.
Guardian Responsibilities
Voluntary guardianships vary in terms of the scope of the guardian’s authority. Depending on the individual circumstances of the ward (the impaired adult), the court may appoint the guardian to oversee limited assets or all of the ward’s property. Like guardians in involuntary guardianship cases, guardians in voluntary guardianships have a fiduciary obligation to act in the ward’s best interests, to refrain from self-dealing, and to safeguard the ward’s property from fraud and waste.
A voluntary guardian must also file regular accounts with the probate court. Because there is a great deal of work involved with managing another person’s assets and finances, guardians must make sure they have the time and patience required to handle taking on such a large task.
Terminating a Voluntary Guardianship
In some cases, the ward recovers and no longer needs a guardian. When this happens, it typically occurs in cases where an adult regains his or her health after a severe illness. In these situations, the ward can simply file a notice with the court requesting a termination of the voluntary guardianship. The guardian is then required to file a final account with the court; once the court approves the account, the court discharges the guardian and the former ward once again begins managing his or her own property.
Is a Voluntary Guardianship Right for You or a Loved One?
If you or a loved one can no longer look after his or her own affairs, a voluntary guardianship may be the answer. Call my office today at (772) 220-9699 to discuss your situation.