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What are your options when a parent/grandparent is losing the mental/physical ability to take care of themselves?

Establishing a guardianship is a court proceeding.  Generally, the first step is understanding whether to begin the guardianship process.  Most of the time, someone will contact Matthew A. Linde, P.A. because a family member is losing their memory and is starting to have problems with reasoning and problem solving skills.  When impaired cognition gets to the point that other people notice, usually a diagnosis of dementia is involved.  Understand that dementia is a progressive chronic disease of the brain. 

Further, the person that is losing capacity usually loses the ability to understand that they are losing the ability to understand.  Thus, somebody may be making very irrational decisions and think they are fine.  The guardian process is invoked by filing a petition to determine incapacity, a petition to appoint a guardian for the alleged incapacitated person, an application to act as guardian an oath, and the correct filing fee. 

The court will then appoint an attorney for the alleged incapacitated person, and the court will appoint three members of an examining committee who will evaluate the alleged incapacitated person.  The members of the examining committee will then file a report with the court and the court will have a hearing on the petition to determine incapacity.  The court will find the alleged incapacitated person has capacity, lacks capacity in some areas or is totally incapacitated.  The court will enter an order, and if the alleged incapacitated person is partially or totally incapacitated, then the court will have to decide whether there is a less restrictive alternative appointing a guardian.
 

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Blog for Guardianship Administration and Litigation

Library for Guardianship Administration and Litigation:

  • Understanding Guardianships In Florida – Part I   
    When an elderly person becomes too impaired to make his or her own decisions, a guardian is sometimes needed. This article explains guardianship in Florida and how the process works. For answers to your questions regarding Florida guardianship, contact the Matthew A. Linde, P.A. today.
  • Understanding Guardianships In Florida – Part II   
    Sometimes adult guardianship may be necessary for a multitude of reasons. This article provides insight into guardianship in Florida, including the duties and costs of a guardian. For more information regarding Florida guardianship, contact the Matthew A. Linde, P.A. today at (239) 939-7100.

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