A Guardian is someone who is able to step into a persons “shoes” and make decisions for that person should he or she become incapacitated. A Guardian is able to make personal and financial decisions for the person who needs protection, called the Ward. A Florida Guardianship can be either limited or plenary. A limited guardianship gives limited power to the guardian over a person’s affairs. On the other hand, a plenary guardianship is when the guardian has authority over all of an individual’s delegable legal rights and powers.
What happens if one does not write out a plan for who should take care of what tasks upon a person’s incapacitation? It is often left up to the courts to decide what the now incapacitated individual needs and who is best to provide that type of care. Although courts will try to be limited when bestowing guardianship rights, the best practice is to formalize in writing who and what rights are to be given before incapacitation. This is called a Preneed Guardianship .
Pre-empting the need for guardianship is easier to do in some cases, of course. It may be simple to anticipate if someone is developing Alzheimer’s’, in which case during a lucid time period that person would just create a Preneed Guardianship . But life is full of unusual twists, and accidents happen. It is for those unforeseen circumstances that Preneed Guardianships are most effective.