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Becoming a guardian is sometimes necessary, not always easy

On Behalf of | Dec 2, 2020 | Uncategorized

As people age, they each have different needs. Some individuals in their senior years may maintain a firm control over their affairs without needing any type of outside assistance. Unfortunately, others may face cognitive decline, health issues or physical disability that could lead to their needing help managing their affairs. In some cases, elderly Florida residents may not want to accept help, and it may be necessary for a loved one to consider becoming a guardian.

In order to become a guardian, the court must approve and appoint a person to the position. Typically, the person who wants to take on the role will petition the court for approval. However, this person must prove that the elderly individual is incompetent or otherwise cannot effectively handle his or her personal affairs. This step is important because approving a guardianship takes away a person’s individual rights, which the court does not take lightly.

The court will also look at the petitioner to determine whether he or she is suited for the role. It is possible that the court would deem the elderly individual incompetent and in need of a guardian but not consider the petitioner a proper fit. It is also possible for the court to appoint more than one person to handle the person’s affairs, including one person to manage personal and medical matters and another to handle financial matters.

Most people seeking guardianship for an elderly loved one only want to help and protect their family member. Still, it is not an easy process to go through, so it is often wise for Florida residents considering this step to have the right help. Experienced elder law attorneys could help interested parties better understand how becoming a guardian occurs and what it could mean for everyone involved.