监护
A guardian is a surrogate decision-maker appointed by the court to make either personal and/or financial decisions for a 小 or for an adult with mental or physical disabilities. After adjudication, the subject of 《拉菲2平台用户登录》ship is termed a "ward."
Florida law requires the court to appoint a guardian for 小s 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.
Adult 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. 监护 is only warranted when no less restrictive alternative—such as durable power of attorney, 信任, health care surrogate or proxy, or other form of pre-need directive—is found by the court to be appropriate and available.
Florida law allows both voluntary and involuntary guardianships. A voluntary guardianship may be established for an adult who, 虽然精神上有能力, is incapable of managing his or her own estate and who voluntarily petitions for the appointment.
Legislative intent establishes that the least restrictive form of guardianship is desirable.
Accordingly, Florida law provides for limited as well as plenary adult guardianship. A limited guardianship is appropriate if the court finds 病房 lacks the capacity to do some, 但并非全部, 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. 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. Wards in plenary guardianships are, by definition, unable to care for themselves.
Whether one is dealing with a 小 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. One of the court's duties is to appoint a guardian. All adult and 小 guardianships are subject to court oversight.
The legal authority for guardianship in Florida is found in Chapter 744, Florida Statutes. The court rules that control the relationships among the court, 病房, 《拉菲2平台用户登录》, 律师被发现在 Probate Rules, Florida Rules of Court
. 在一起, these statutes and rules describe the duties and obligations of guardians and attorneys, 还有法庭, to ensure that they act in the best interests of 病房, 小, or person who is alleged incapacitated.
形式
Note: The following forms are sufficient for the matters that are covered by them. So long as the substance is expressed without prolixity, the forms may be varied to meet the facts of a particular case. The forms are not intended to be part of the rules and are provided for convenience only.
Petition to Determine Incapacity | 5.901
Petition and Order of Guardian | 5.902 |表格
监护书| 5.表格A - B
监护计划| 5.904 |表格A - E
- (a) 形式 for Initial and Annual 监护 Plans
RTF / PDF - (b) Annual 监护 Plan for Minor
RTF / PDF - (c) Initial 监护 Plan for Adult
RTF / PDF - (d) Annual 监护 Plan for Adult
RTF / PDF - (e)医生报告
RTF / PDF
Petition, Notice, and Order for Appointment | 5.表格A - C
- (a) Form for Petition, Notice, and Order for Appointment of Guardian Advocate of the Person
RTF / PDF - (b)的通知
RTF / PDF - (c)订单
RTF / PDF
守护者倡导| 5.906 |表单
库存| 5.910 |表单
Injunction for Protection Against Exploitation of a Vulnerable Adult | 5.920 |
资源
监护 resources may be found on Florida's Working Interdisciplinary Network of 监护 Stakeholders (WINGS) website.