Five Quick Ways to Avoid Guardianship in Florida

A combination of careful planning and certain legal tools usually allows people to retain their independence while, at the same time, they prepare for future incapacity. Avoiding guardianship also means retaining control over one’s own life. This process is especially important in Florida. The Sunshine State’s involuntary guardianship procedure is rather fast. Almost anyone can file a petition and complete the process in just a few months.

A good St. Petersburg guardianship lawyer handles both sides of the coin. A lawyer often files petitions on behalf of concerned family members as well as creditors and other third parties. Additionally, a St. Petersburg guardianship lawyer helps individuals retain their independence, usually as part of a comprehensive estate plan that also includes wills, trusts, and other such documents.

Durable Power of Attorney (DPOA)

A Durable Power of Attorney (DPOA) designates a trusted individual (an “attorney-in-fact”) to manage some or all financial, legal, and health decisions in the event of future incapacity. Unlike a regular power of attorney, which can be revoked or becomes invalid upon the maker’s incapacity, a DPOA remains in effect despite physical or mental incapacity.

The document should specify the powers granted to the agent. A St. Petersburg guardianship lawyer tailors each DPOA to meet specific needs. It’s important to choose someone trustworthy, as the agent will have broad authority over designated financial and personal matters.

Health Care Surrogate Designation

In Florida, a Health Care Surrogate designation appoints someone to make medical decisions on the maker’s behalf if the maker becomes unable to do so. This legal document can be paired with a living will, which specifies preferences regarding life-sustaining treatments in terminal or vegetative medical situations.

Similar to a DPOA, a HCSD ensures that a trusted person makes critical medical decisions if the need arises, as opposed to a court-appointed guardian.

Establish a Living Trust

This legal tool manages assets during the maker’s lifetime and after his/her death. By transferring assets into a trust, the makers retain control while they’re able to do so, and designate a trustee to manage the assets in the event of incapacity. This arrangement allows for seamless estate management without the need for a court to intervene and appoint a guardian to manage financial affairs.

As a bonus, a living trust avoids the probate process. Several types of living trusts are available in Florida.

Advanced Directives

Advanced directives, including a living will and a Do Not Resuscitate (DNR) order, provide instructions regarding healthcare preferences in the event of incapacity. A living will communicates the maker’s wishes regarding medical treatments, while a DNR order communicates the preference not to be resuscitated in the event of cardiac arrest.

These documents guide family members and healthcare providers when making critical medical decisions. Clearly outlining preferences in advance drastically reduces the need for a guardian.

Maintain Capacity with Proper Medical Care

An ounce of prevention is worth a pound of cure. Staying in good mental and physical condition may be the one of the best ways to avoid guardianship. This process includes regular medical checkups, proper management of chronic conditions, and seeking professional help in the event of cognitive decline or mental health challenges.

On a related note, people who have diminished capacity may be able to avoid guardianship by having a strong support system in place, including trusted family members or friends, who can assist with day-to-day activities.

Reach Out to a Diligent Sarasota County Lawyer

The essential estate planning process isn’t as complicated as many people believe it is. For a confidential consultation with an experienced estate planning lawyer in Bradenton, contact Drude Tomori Law. Virtual, home, and after-hours visits are available.

Source:

flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Guardianship