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5 Things to Know Before Becoming a Guardian

By: Joshua Rosenberg, Esq. June 16, 2023 no comments

5 Things to Know Before Becoming a Guardian

Becoming a legal guardian in Florida is a significant responsibility that carries both legal and moral obligations. Whether you’re considering becoming a guardian for a minor or an incapacitated adult, it’s crucial to understand the rights, duties, and potential challenges associated with this role. Before embarking on this journey, here are a few key points to consider. 


Qualifications and Disqualifications: 
To become a legal guardian, certain qualifications must be met, while certain disqualifications may prevent an individual from assuming the role. Qualifications typically include being at least 18 years old and being mentally and physically capable of carrying out the duties of a guardian. Moreover, the prospective guardian is disqualified from being appointed if they have any felony convictions or certain other criminal convictions, if the prospective guardian has been determined by a court to have committed abuse, abandonment, or neglect against a child or vulnerable adult, or if they are found to be incapacitated. 


 Assessing Your Suitability: 
Becoming a legal guardian requires a commitment of time, energy, and resources. Consider your own capabilities, willingness to take on the responsibilities involved, and your relationship with the individual you wish to become the guardian of. The legal process involves filing a petition with the court, attending hearings, and presenting evidence of your suitability for the role. It is also crucial to understand the documentation requirements, background checks, and training programs mandated by the court and your willingness to comply with these requirements. 


Financial Responsibilities: 
As a legal guardian, you are responsible for managing the ward’s finances and assets. The prospective guardian is required to take a guardianship education course within 4 months of being appointed. The purpose of this course is to learn about the rules and regulations regarding financial management, including the need for accounting, reporting, and seeking court approval for certain transactions. It’s essential to act in the ward’s best interests and ensure transparency in all financial matters. 


Care and Well-being of the Ward: 
A legal guardian is also entrusted with the care and well-being of the ward. This involves making decisions related to healthcare, education, living arrangements, and other important aspects of the ward’s life. Educate yourself about the ward’s specific needs, seek appropriate medical and therapeutic support, and maintain regular communication with relevant professionals. 


 Ongoing Legal Oversight: 
Guardianships in Florida require periodic reporting to the court, ensuring ongoing oversight of the guardian’s actions. Be prepared for court reviews, financial audits, and compliance with reporting deadlines. Acting in good faith, maintaining accurate records, and adhering to legal requirements will help ensure a smooth guardianship journey. 


Becoming a legal guardian in Florida is a noble undertaking with many responsibilities and challenges. Educate yourself on guardianship laws, assess suitability, and understand the legal process and documentation involved. Always seek advice from an attorney experienced in guardianship matters to discuss these requirements and what alternatives might be available if you don’t qualify. With proper preparation and knowledge, you can confidently make a positive impact on the life of the individual you will be caring for as their guardian.

If you have any other questions, please feel free to contact us here at the office.

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