“ The Advantages of Limited Guardianship: Preserving Autonomy and Individual Rights ” By Pamela Kemper
Florida courts have the authority to declare either a limited guardianship or a plenary guardi- anship for individuals facing challenges in managing various aspects of their lives. While both options aim to offer assistance and protection to individuals in need, there are notable ad- vantages to opting for a limited guardianship arrangement. This article delves into these ad- vantages, shedding light on the benefits of choosing a limited guardianship. Preserving Individual Autonomy: One of the key advantages of limited guardianship is the preservation of an individual's auton- omy. Unlike a plenary guardianship, which grants the guardian complete decision - making au- thority over all aspects of the person's life, a limited guardianship allows for a more tailored approach. It focuses on specific areas where the individual requires assistance, while preserv- ing their capacity to make decisions in other aspects of their life. This arrangement strikes a balance between safeguarding the person's well - being and promoting their independence. Tailored Support and Flexibility: Limited guardianship offers the advantage of providing targeted support that aligns with the individual's unique needs. The court can define the specific areas in which the guardian has decision - making authority, ensuring that assistance is provided only where it is truly necessary. This approach allows the person to retain control over aspects of their life where they are still capable, fostering a sense of empowerment and self - determination. Least Restrictive Alternative: The principle of the least restrictive alternative is a fundamental aspect of guardianship law. Opting for a limited guardianship demonstrates a commitment to applying the least restrictive measures necessary to protect the individual's rights and well - being. By tailoring the guardian- ship arrangement to address specific needs, the court ensures that the person's freedom and individuality are respected to the greatest extent possible.
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