For many, the ability to make your own decisions is something taken for granted. You may not think twice about what medical care you receive, how your assets are handled, or even what you do during your day-to-day life. However, for many, having these decisions made on their behalf is critical. There are many instances in which your loved ones may be unable to understand the severity of situations or care for themselves. As such, if you are interested in caring for them, you may want to consider seeking guardianship of your loved one. The following blog explores what this entails and the strict requirements you must meet for this request to be granted. You’ll also learn why working with Tampa guardianship lawyers is in your best interest during these difficult matters.
What Is Guardianship?
Guardianship is typically granted when someone is deemed incapacitated, meaning they are unable to make decisions on their own due to any number of reasons. This includes cognitive decline, traumatic brain injuries, substance abuse issues, or those with intellectual or developmental delays. Guardianship is a matter that can also arise in matters involving children, particularly if their parents become incapacitated or pass away.
When someone is granted guardianship of another person, they assume the right to make decisions on behalf of the individual, also referred to as a ward, for whom they have been appointed as a guardian. This allows the appointee the right to make decisions for their ward, including things like making medical decisions, where they live, what government benefits they apply for, and what should happen with their property and lawsuits.
What Are the Requirements?
It’s critical to understand that the right to make decisions for yourself is something the courts take very seriously, meaning guardianship is not something granted lightly. However, the courts also understand that in many instances, this is in the best interest of the individual. As such, there are several requirements you must meet if you are seeking guardianship of someone.
First and foremost, the individual for whom you are seeking guardianship must undergo several thorough medical and psychological evaluations to determine if they are incapacitated. As mentioned, the court takes these matters very seriously and will not deem someone incapacitated without
Next, you must ensure you are eligible to assume this role. This typically means that you are a legal adult and resident of Florida. In addition, you must submit to a criminal background check, as the state prohibits those convicted of felonies or those who have committed child abuse, neglect, or abandonment from assuming this role.
Once the necessary requirements have been met, you can file a motion to receive guardianship. It’s imperative to understand that the court will appoint an attorney to represent your loved one during these matters.
As you can see, obtaining guardianship of a loved one who is no longer able to make their own decisions can be an incredibly overwhelming matter. That’s why it’s crucial to connect with an experienced attorney from the Tampa Law Group to help you through this process. Our team knows how difficult being faced with the reality that someone must care for your loved one can be, which is why we will do everything possible to help you through this complicated legal matter. Connect with us today to learn how we can help you.
