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A guardian is a court appointed decision maker for either personal and/or financial decisions for a minor child or for an adult with mental or physical disabilities. Florida law requires the court to appoint a guardian for minors 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 Florida statute.
Adult guardianships are appropriate when 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 guardianship is only warranted when there are no other least restrictive alternatives in place, such as a durable power of attorney, trust, health care surrogate, or other forms of pre-need directives.
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