If your spouse, parent, grandparent, or other elderly loved one is no longer capable of making safe decisions for themselves or capable of managing their own health, financial, and day-to-day affairs, they may benefit from guardianship. The most vulnerable members of our society can be aided by family members through guardianship, which can include financial, healthcare, and day-to-day assistance. The attorneys at Strategic Counsel Law Group, L.C. assists clients wishing to petition the court for guardianship of their elderly or disabled loved ones so that the family can have peace of mind that the incapacitated individual is well looked after.
What is an ‘Incapacitated’ Person?
According to statute 744.102 Section 12, an incapacitated person is someone “who has been judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of the person.” Essentially, this means that the individual no longer has the ability to make decisions for themselves that are in their best interest. Examples of an incapacitated person’s unsound decision-making or inability to perform daily tasks could include:
- Driving when it is unsafe for them to do so due to poor eyesight or dementia
- Falling victim to online scams and give out their bank account information
- Understanding their healthcare options when diagnosed with a serious illness such as cancer
- Cooking for themselves and leaving the burner on (and potentially burning the house down)
Many incapacitated people who have guardians suffer from dementia, Alzheimer’s, traumatic brain injuries, complications with stroke, significant cognitive decline, mental illness, or other illnesses and health conditions accompanied by advanced age.
How Do I Become a Guardian?
There are two processes of obtaining guardianship: voluntary and involuntary. Voluntary guardianship occurs when the adult is mentally competent, but circumstances surrounding their health, finances, or other affairs are too complex for them to handle on their own; as such, they may petition the court to have a guardian (almost always a close family member) appointed. However, in most cases guardianship is involuntary due to the fact that a person deemed mentally incompetent does not have the legal authority to petition the court for a guardian on their own. Family members must take it upon themselves to petition the court for guardianship by establishing the incompetency of the individual. When guardianship is established, the incompetent person essentially loses their civil rights to make decisions for themselves. As such, the guardian takes over financial, health, living situation, and other decisions for the incompetent person.
Call an Adult Guardianship Attorney
Guardianship is not an easy decision for anyone. The incapacitated person loses many of their rights, while the guardian’s responsibilities grow substantially. Yet, it is often the best choice for everyone involved to ensure the safety of the incapacitated person. To get started today, call the experienced adult guardianship attorney at Strategic Counsel Law Group, L.C. Contact us at 813-286-1700 to schedule a free consultation.
