Helpful topics and some frequently asked questions.
How is a guardian appointed?
A guardianship is a legal proceeding where the court appoints the guardian. There are a number of factors however their limits the judge’s discretion as to who is appointed. There's a statute in Florida that sets out a priority for example; children, spouses and other family members have a priority to be the guardian versus someone who isn't related to the ward. Also, there's a procedure called the declaration of a pre-need guardian where someone can decide ahead of time in the event a guardianship is created who should be the guardian. The judge has limited discretion to ignore the appointment of a pre-need guardian.