Though seeking guardianship appointment in respect of a loved one can be a difficult step to take, you will find that it is the best thing you can do to protect their well-being, safety and dignity over the long term.
Mental illness affects the lives of millions of people across the world. In the US alone, close to a quarter of Americans were estimated to be living with mental illness. Although many of those affected are able to lead healthy, fulfilling lives with the help of medication and therapy, for some individuals, mental illness can have a severe impact on their ability to cope with the demands of day-to-day life.
Supporting a loved one who suffers with debilitating mental illness can be an extremely challenging and stressful experience, especially if their condition has left them unable to look after themselves. Thankfully, you are not alone: an experienced Florida guardianship attorney can help you to navigate the legal options available to you to ensure your loved one’s best interests are well taken care of.
What Is Guardianship?
Guardianship is a special legal relationship in which one person (the guardian) is empowered to make decisions in respect of another person (the ward) when that person no longer has the capacity to make important decisions for themselves. Guardianship arrangements may only be established by a court following a lengthy legal process, and once a guardian has been appointed, they will continue to be supervised by the court in the discharge of their duties. Under Florida law, guardians must be represented in court proceedings by a Florida guardianship attorney.
Guardianship is an inherently flexible legal arrangement: the specific powers granted to the guardian by the court can be adapted to the particular needs of the ward. In Florida law, two main types of adult guardianship arrangements are recognized:
Limited guardianship: A court will establish a limited guardianship arrangement when the ward has the capacity to make some decisions for themselves, but not others. For example, they may be able to make decisions concerning their medical treatment, but may be unable to manage their financial affairs. In this case, the court will only authorize the guardian to manage their ward’s finances and property.
Plenary guardianship: In plenary guardianship arrangements, the guardian is empowered to exercise all the delegable rights and powers of their ward. In other words, any decision that the ward would previously have been entitled to make for themselves will now be made by their guardian instead. This could include decisions concerning their place of residence, their medical care, their finances, and so on.
Guardianships can also vary in terms of their duration: some guardianship appointments are made for a limited time only (for example, while a person is undergoing treatment for substance abuse), whereas others are permanent and will remain in place until capacity is restored.
If you are concerned that your loved one’s condition is so severe that you cannot afford to go through the lengthy appointment process, you should contact a Florida guardianship attorney to determine whether your loved one’s case meets the requirements for emergency temporary guardianship. Emergency temporary guardianship may be established by the court on as little as 24 hours’ notice, pending the outcome of the main guardianship petition.
When Is A Person Suffering With Mental Illness Likely To Require A Guardian?
Guardianship may only be established when a person is so incapacitated that they can no longer make sound decisions regarding their person or property. In other words, they must be unable to take care of themselves. As such, it is only in cases of severe mental illness that a person may require a guardian – for example, when a person has advanced schizophrenia, is in a state of psychosis, is threatening to self-harm, is in the grips of a life- threatening substance use disorder, or is experiencing cognitive decline due to a neurological condition such as Alzheimer’s.
Before a court appoints a guardian, the alleged incapacitated person (AIP) will first be assessed by an examining committee. This committee, which must include a physician or psychiatrist, will examine the AIP to determine if they lack the capacity to look after themselves, and if so, whether limited or plenary guardianship is required. Because this is a lengthy process, it is very common for the court to appoint a guardian on a temporary basis until the assessment has been completed.
What Is The Role Of A Florida Guardianship Attorney In Mental Health Interventions?
Although all guardians are required to be represented in court proceedings by a guardianship attorney under Florida law, the role of a guardianship attorney involves far more than court appearances. They play a pivotal role in helping families to ensure that their loved one’s best interests are taken care of during periods of incapacity, from preparing the necessary legal documents to developing an annual care plan based on the needs of the ward.
Determining whether guardianship is an appropriate intervention
Guardianship attorneys have specialist knowledge of a wide variety of legal arrangements designed to support those who can no longer look after themselves, and are an excellent first port of call for any mental health law matters. They will consult with you in detail about your loved one’s circumstances to help you determine whether guardianship is necessary, or whether an alternative arrangement, such as a healthcare surrogacy or power of attorney, would be more suitable. Your attorney will help you to fully explore your legal options and address any concerns that arise, so that you have complete peace of mind that you are making a decision that is in your loved one’s best interests.
Taking immediate action in a mental health emergency
Guardianship attorneys play an indispensable role in helping families respond to a loved one’s mental health emergency. They are intimately familiar with the urgent court procedures that need to be followed to establish an emergency temporary guardianship, and will work around the clock to ensure your loved one is protected from risk of harm. If your loved one’s mental illness has rapidly deteriorated and you are concerned they may harm themselves or others, you should immediately contact a reputable Florida guardianship attorney.
Preparing the relevant petitions
It goes without saying that appointing an attorney is non-negotiable if you intend to apply for guardianship in respect of your loved one. In addition to facilitating emergency interventions, your guardianship attorney will prepare two petitions: a petition to determine incapacity and a petition for appointment as guardian. The first of these asks the court to appoint an examining committee to assess your loved one’s capacity, and the second seeks your appointment as guardian in the event that the committee confirms your loved one lacks capacity to look after themselves. Your attorney will meticulously draft these petitions, liaise with court officials to arrange hearing dates and receive case updates, and manage all administrative aspects of the appointment process.
Representation in court proceedings
Hiring a Florida guardianship attorney is mandatory in guardianship appointment cases. Your attorney will represent you at the hearing in which the examining committee’s findings concerning your loved one’s capacity are communicated to the court, and will also present argument as to why you would be a suitable guardian for your loved one. If there are any disputes down the line concerning your actions as guardian or your continued suitability for the role, your attorney will represent you in these hearings too.
Advising guardians on their duties
The role of a guardianship attorney does not end once the letters of appointment have been issued. Florida law imposes strict reporting requirements on guardians, and requires them to comply with numerous legal duties. For example, you will need to submit an annual plan to the court, detailing where your ward is currently residing, what their needs are (and how these are being met), the status of their mental illness and current treatment, whether there have been any serious changes in their circumstances, and so on. If your guardianship appointment includes the power to manage a loved one’s property, you will also need to regularly account to the court regarding the management of your loved one’s assets. A Florida guardianship attorney will advise you on your legal obligations and help you to satisfy the various annual reporting requirements, and will also provide you with guidance when major decisions relating to your loved one’s care need to be made.
Don’t Face A Loved One’s Mental Illness Alone
If your loved one is behaving erratically and is no longer able to look after themselves, is threatening to self- harm, or is refusing to receive pharmacological and psychological treatment for severe mental illness, it is strongly recommended that you contact an experienced Florida guardianship attorney as soon as possible.
With a knowledgeable, compassionate attorney by your side, you can rest assured that your loved one’s best interests will be taken care of through an appropriate legal arrangement that meets their needs. Though seeking guardianship appointment in respect of a loved one can be a difficult step to take, you will find that it is the best thing you can do to protect their well-being, safety and dignity over the long term.
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