FLORIDA GUARDIAN- SHIP EXPLAINED By Pamela Kemper The role of a professional guardian in Florida involves assuming legal responsibility for the care and decision - making on behalf of individuals who are deemed inca- pacitated and unable to make some or all decisions for themselves.
KEY POINTS Excerpt from full article “The Role of a Professional Guardian”
DEFINTION OF INCAPACITY: In Florida, a person is considered incapacitated if they have been determined by the court to lack the ability to manage at least some of their property or to meet es- sential health and safety requirements. APPOINTMENT PROCESS: A professional guardian is appointed by the court to act as
a surrogate decision - maker for the incapacitated person, known as the ward. The court carefully considers the qualifications, background, and suitability of the potential guardian before making the appointment. DUTIES AND RESPONSIBILITIES: The duties of a profes- sional guardian in Florida can include decision making for the ward, advocating for the ward’s best interests, managing the ward’s assets, maintaining communication with the ward and relevant parties, reporting, and ensuring compliance with guardianship laws. LICENSING AND OVERSIGHT: Professional guardians in Florida are required to be registered with the Florida Department of Elder Affairs and must adhere to the Florida Guardianship Law and Rules. They also need to meet cer- tain education and training requirements, as well as pass a background check. PROFESSIONAL STANDARDS: Professional guardians are expected to act in the best interests of the ward, maintain high ethical standards, and
avoid conflicts of interest. They should prioritize the ward's well - being, respect their rights and pref- erences, and ensure transparency in their actions. SUPERVISION BY THE COURT: The court exercises oversight over the professional guardian's actions to ensure they are fulfilling their duties appropriately.
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