A guardianship is required when an individual is unable to care for oneself or their property.  Age is not an issue when investigating whether to file for guardianship.  The only distinction the Court will make with a minor as opposed to a senior is the minor is disabled by age, which allows the family to avoid an incapacity hearing. 

            The guardian may be a Florida resident who is over the age of 18, who has clean criminal record, and who does not suffer from any incapacity or illness.  It may also be a non-resident if related to the disabled individual or a professional guardian if there is no one available to act. 

            The decision to move forward with a guardianship is normally one that is clear.  For example, if a minor child is receiving a settlement or inheritance over $15,000 or an elderly person is putting himself in danger.  Still there are other times where the line is not as easy.  Here one might have a child who has reached the age of 18 but who suffers from a disability; under this scenario we would look at whether the child can appreciate the decisions he will be asked to make such as medical, employment, and social.  Likewise many seniors are extremely lonely and are willing to spend whatever a person asks to have company leaving them vulnerable to exploitation, but otherwise are able to care for themselves.    Here we need to look for solutions to problems.  Some may require a limited guardian leaving the person with most of their rights others may simply need a care plan.  For those individuals we can avoid a guardianship.   

            Guardianship certainly should not be the first choice when dealing with a person suffering from a disability.  It is simply a tool is a large toolbox.  Our firm believes that each case must be investigated at what will allow the person the highest quality of life.  Whether it deals with a disabled child or a disabled parent they deserve to be respected and cared for according to their desire wherever possible. 

            As opposed to other Court actions setting up a guardianship should not be a time consuming ordeal.  Cost may be a factor in certain cases. Because Florida has numerous types of guardianships each case is different and one should speak with a qualified attorney rather than relying upon rumors.