When a family member becomes incapacitated, due to injury or illness, and there are no advance directives in place, such as durable power of attorney, guardianship may become necessary. There are different types of guardianship: voluntary, limited, or plenary (full guardianship). A guardian of the person and/or guardian of the property may be appointed and these do not have to be the same person or entity.
Florida law favors the least restrictive measures to avoid guardianship, such as advance directives. If guardianship becomes the only option, it is necessary to hire an attorney to petition the Court for appointment as guardian and to adjudge the family member to be incapacitated.
The Law Office of Pamela G. Martini assists families in petitioning to be appointed guardian and also can assist an individual who wishes to defend against an unnecessary guardianship. We also handle many guardian advocacy cases, which is a less restrictive alternative for adults with developmental disabilities.