guardianship papers for stepmom incase i die

(a) Forms for Initial and Annual Guardianship Plans.(b) Letters of Guardianship of the Property.(a) Letters of Guardianship of the Person.Letters of Guardianship | 5.903 | Forms A - B (a) Form for Petition and Order of Guardian.Petition and Order of Guardian | 5.902 | Form Form for Petition to Determine Incapacity.The forms are not intended to be part of the rules and are provided for convenience only. So long as the substance is expressed without prolixity, the forms may be varied to meet the facts of a particular case. Note: The following forms are sufficient for the matters that are covered by them. Together, these statutes and rules describe the duties and obligations of guardians and attorneys, as well as the court, to ensure that they act in the best interests of the ward, minor, or person who is alleged incapacitated. The court rules that control the relationships among the court, the ward, the guardian, and the attorney are found in Probate Rules, Florida Rules of Court. The legal authority for guardianship in Florida is found in Chapter 744, Florida Statutes. All adult and minor guardianships are subject to court oversight. One of the court's duties is to appoint a guardian. Whether one is dealing with a minor whose assets must be managed by another or an adult with a disability who is not capable of making decisions for him/herself, when the court removes an individual's rights to order his or her own affairs there is an accompanying duty to protect the individual. Wards in plenary guardianships are, by definition, unable to care for themselves. A plenary guardian is a person appointed by the court to exercise all delegable legal rights and powers of the adult ward after the court makes a finding of incapacity. A limited guardianship is appropriate if the court finds the ward lacks the capacity to do some, but not all, of the tasks necessary to care for his or her person or property and if the individual does not have pre-planned, written instructions for all aspects of his or her life. Legislative intent establishes that the least restrictive form of guardianship is desirable.Īccordingly, Florida law provides for limited as well as plenary adult guardianship. A voluntary guardianship may be established for an adult who, though mentally competent, is incapable of managing his or her own estate and who voluntarily petitions for the appointment. Guardianship is only warranted when no less restrictive alternative-such as durable power of attorney, trust, health care surrogate or proxy, or other form of pre-need directive-is found by the court to be appropriate and available.įlorida law allows both voluntary and involuntary guardianships. After adjudication, the subject of the guardianship is termed a 'ward.'įlorida law requires the court to appoint a guardian for minors in circumstances where the parents die or become incapacitated, or if a child receives an inheritance or proceeds of a lawsuit or insurance policy exceeding the amount allowed by statute.Īdult guardianship is the process by which the court finds an individual's ability to make decisions so impaired that the court gives the right to make decisions to another person. A guardian is a surrogate decision-maker appointed by the court to make either personal and/or financial decisions for a minor or for an adult with mental or physical disabilities.

Guardianship papers for stepmom incase i die