A legal Guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a Ward. Usually, a person has the status of Guardian because the Ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability. Florida has laws, as do all states, providing for the parents of a minor child being able to designate who shall become the child’s legal Guardian in the event of both parents’ death. Likewise, a senior can designate ahead of time who will be their Guardian in the event of their incapacity. This can alleviate arguments down the line and provide peace of mind. In the right circumstances, Guardianship of a senior can and should be avoided entirely by the use of well-drafted Durable Financial Powers of Attorney and Health Care Surrogate Designations (“Advance Directives”).
Courts generally have the power to appoint a Guardian for an individual in need of special protection or who has no Advance Directives. A Guardian with responsibility for both the personal well-being and the financial interests of the Ward is a Plenary Guardian. A person may also be appointed as a Limited Guardian, having limited powers over the interests of the Ward. A Limited Guardian may, for example, be given the legal right to determine the disposition of the Ward’s property without being given any authority over the Ward’s person. A Guardian is responsible for making regular reports to the Court concerning the Ward’s interests that the Guardian is overseeing. Also, the Guardian is required to have an attorney. A Guardian appointed to represent the interests of a person with respect to a single action in litigation is a Guardian ad Litem.
