Guardianship

Proper estate planning can help minimize the chance a guardianship may be necessary. For example, when someone has a durable power of attorney and a health care surrogate, most often a guardianship is not necessary.

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When a person becomes incapacitated, whether through age or a tragic injury, without a durable power of attorney or a healthcare surrogate, a guardianship may be necessary to manage the property of the ward and make healthcare decisions for the ward.

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When a minor receives a large sum of money through a settlement or life insurance payment, Florida law requires a guardian of the property be appointed. Most often this is a natural parent of the minor child, and the purpose is to ensure the money is used for the benefit of the child.