How to Get Guardianship of a Parent or Other Adult in Florida

Gaining guardianship of a parent or other adult in the state of Florida may seem to be a difficult process. Yet, with Lorenzo Law, we’re here to help alleviate your stress, manage expectations, and help you achieve your desired outcomes. Read on to learn more about how we can help with our expertise, our compassion, and our dedication to your case.

Signing a Power of Attorney

Signing a power of attorney can be an effective way to deem an individual or legal professional to make decisions on your parent’s behalf, should they become incapacitated or unable to sign a power of attorney. Signing a power of attorney, proactively, instead of reactively is always a better route to take when estate planning.

What if Your Parent is Incapacitated or Unable to Sign the Power of Attorney?

If you find yourself in this situation, you’ll want to contact us for assistance with the process of obtaining a conservatorship. A conservatorship can help you regain control of the situation with the help of the courts, directing you as the authority to make decisions on behalf of your incapacitated parent.

Criteria One Must Meet to Gain Guardianship of Their Parent or Other Adult

Below is a list of the common criteria one must meet to gain guardianship of their parent or another adult.

Be of Age (18+ Years Old)

One must be eighteen years or older at the time of the granting of the guardianship.

Must Submit to a Full Background Check

One must submit to a full background check to ensure there are no violent crimes, elder abuse crimes, financial crimes, or sex crimes; as these could pose a threat to a vulnerable individual.

Must Submit to a Credit Check

Submitting to a credit check can help establish if the individual seeking out guardianship of a parent is in a poor financial state. If an individual is experiencing financial stress, it doesn’t prevent them from being granted guardianship, it may simply require further analysis to determine how financially fit the individual is when caring for their parents.

Attend a Mandatory Guardianship Educational Course

One must attend a mandatory guardianship educational courses to learn more about the responsibilities which come with a guardianship of a parent.

Preferably Be a Florida Resident, If Not There are Still Options Available to You

The courts will likely prefer you to be a Florida resident if you’re seeking guardianship of your Florida-based parent. This is in large part due to the fact you’ll need to fulfill obligations locally for your parents, and without your physical presence in close proximity to your parents, you’re unlikely to be able to fulfill those obligations efficiently and effectively.

So, How Do You Become a Guardian of a Parent or Other Adult?

Below are the steps one must follow to become a guardian of a parent or other adult.

File a Petition

Filing a petition with the courts is the first step in starting the guardianship process.

The Examining Committee Will Determine Whether a Guardianship is Required or Not

The examining committee is the determiner of whether or not a guardianship is required based on the mental fitness of your parent, the physical well-being of your parent, and the financial stability of your parent.

A Judge Will Enter a Formal Order Based On the Committee’s Findings

Based on the committee’s findings, a judge will enter a formal order from the court stating whether or not the guardianship of your parent is granted.

You Will Then File a Petition for Appointment of Guardianship

From here, you’ll file a petition for appointment of guardianship. This petition, once granted, will allow you to be granted full guardianship of your parent through the appointment process.

Some Questions to Ask yourself Before Filing for Guardianship of a Parent or Other Adult

Below are some questions you should ask yourself before filing for guardianship of a parent or other adult.

“Why is This Guardianship necessary?”

This is most likely the question you’ll need to thoroughly answer for the courts, so you’ll surely want to answer this question when discussing the matter with loved ones and yourself.

“Are There Other Community Resources Available to Help Support This Parent/Adult?”

Is guardianship absolutely necessary? After all, it’s a large responsibility caring for a parent who may become incapacitated, or may already be incapacitated. Reaching out to local resources within your parent’s community could be the right decision if you feel as though you’re unable to fulfill all responsibilities associated with the role of guardianship.

“Are There Other Personal Resources (Friends, Family, Religious Organizations, etc…) Who Can Help This Parent/Adult?”

Reaching out to family and friends may be an option as well. You never know who may be willing to help when asked.

“How Do Other Family Members Feel About this Decision?”

Is everyone in your family unit on board with this decision? If so, great. If not, you’ll certainly want to sort out any disputes regarding the guardianship of a parent prior to filing for said guardianship.

“How Does the Actual Parent/Adult Feel About the Decision?”

If your parents are not incapacitated, you’ll want to ask them how they feel about the decision to hand over guardianship responsibilities to you. Their opinion does matter after all.

“Do I Have the Financial Means to Support This Person?”

Maintaining a parent’s livelihood and health will likely cost a lot more than you estimate, especially with health care costs rising every year. With this being said, you’ll want to ensure you have more than enough of a financial buffer to compensate for any unexpected expenses.

“Have You Done Everything Possible to Help This Person Maintain Their Independence & Decision-Making Capacity Prior to Filing This Petition?”

Have all options available been properly explored prior to filing a guardianship petition? If so, you’ve done all you can do. If not, you’ll want to ensure you’ve done everything in your power to help your parents maintain their independence.

Contact Us at Lorenzo Law for Further Assistance with Guardianship of an Adult in Florida

If you’re seeking out guidance on how to petition for guardianship of a parent or adult in the state of Florida, you’ll want to contact us using the button below. We’ll be sure to respond to your message as soon as possible. We look forward to hearing from you soon.