Guardianship and Other Alternatives

In Florida, guardianship is a legal process in which a court appoints a person (the guardian) to make decisions on behalf of someone else (the ward), who is unable to manage their own affairs due to incapacity, disability, or age-related issues. Guardianship may be established for minors, adults with disabilities, or elderly individuals who can no longer make sound decisions regarding their health, finances, or personal well-being.

Types of Guardianship in Florida:

  • Guardianship of a Minor: Established when a child’s parents are unable to care for them, often due to death, incapacitation, or absence. The guardian takes responsibility for the child’s care, finances, and upbringing.
  • Plenary Guardianship: The most complete form of guardianship, where the guardian has full authority over the ward’s personal and financial affairs because the court has found the ward to be fully incapacitated.
  • Limited Guardianship: The court grants the guardian authority over specific areas of the ward’s life (e.g., financial or medical decisions) if the ward can still manage some aspects independently.
  • Voluntary Guardianship: An adult who is competent but unable to manage their affairs due to age or other factors can voluntarily choose to have a guardian appointed.
  • Emergency Temporary Guardianship: Appointed when there is an urgent need to protect the ward’s well-being or assets before a full guardianship hearing can take place.

Courts typically prefer guardianship as a last resort and will consider less restrictive alternatives if possible. When necessary and appropriate, another alternative is guardian advocacy.

  • Guardian Advocacy: It is specifically designed for adults with developmental disabilities who are unable to manage some or all aspects of their care. Unlike guardianship, guardian advocacy does not require the court to declare the person (the ward) legally incapacitated. This process is less invasive, less costly, and faster, helping families and caregivers protect the rights and well-being of individuals with developmental disabilities without stripping away all of their autonomy.
  • Durable Power of Attorney: A Durable Power of Attorney authorizes someone to manage your financial and legal affairs if you are unable to. This vital document ensures your matters are handled in your best interest.
  • Supported Decision-Making Agreements: a legal arrangement that allows individuals with disabilities to retain control over their personal decisions while receiving support from trusted persons. The individual with a disability, known as the decision-maker, selects supporters who assist them in understanding, communicating, and making decisions across various areas, such as health care, finances, living arrangements, and education.

Why Choose Lesser Restrictive Options?

Choosing the least restrictive option is often in the best interest of the individual, ensuring their rights and preferences are respected while still providing the necessary safeguards.

Guardianship isn’t always the best fit for everyone. Rangel Advocacy Law offers guidance on these options, helping you find the right solution for your circumstances. We understand the emotional complexities of guardianship and provide personalized, compassionate support throughout the process.

Let us help relieve the burden and give you peace of mind, knowing your loved ones are in capable hands.

  • Preservation of Autonomy: These alternatives allow individuals to maintain more control over their lives while still receiving the support they need.
  • Customization: They can be tailored to meet specific needs without removing rights across all areas of life.
  • Less Invasive: They generally require less court involvement and can often be implemented more quickly than guardianship.

Estate Planning

Estate Planning goes beyond distributing assets—it ensures your loved ones are protected. Rangel Advocacy Law is here to provide compassionate guidance every step of the way.

  • Special Needs Trust: A Special Needs Trust secures the assets of a person with special needs without affecting their government benefits. Rangel Advocacy Law offers expert advice on setting up and managing these trusts for your family’s peace of mind.
  • Last Will & Testament: A Last Will and Testament outlines how your assets will be distributed after your passing. We offer personalized assistance to ensure your final wishes are clearly stated and legally binding.
  • Living Will: A Living Will sets forth your medical treatment preferences if you’re unable to communicate. Rangel Advocacy Law helps you craft a directive that guarantees your healthcare choices are respected.
  • Health Care Surrogate: Appointing a Health Care Surrogate allows a trusted person to make medical decisions on your behalf if you’re incapacitated. We guide you through selecting someone to advocate for your best interests.
  • HIPAA Release: A HIPAA Release gives designated individuals access to your medical records, allowing them to make informed healthcare decisions. We assist in preparing this essential document to ensure your care is in trusted hands.
  • Durable Power of Attorney: A Durable Power of Attorney authorizes someone to manage your financial and legal affairs if you’re unable to. This vital document ensures your matters are handled in your best interest.