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In Florida there are several types of
Guardianships:
Natural Guardianship
The parent of a minor child is their Natural Guardian. However,
if the child receives more than $15,000.00 (as a settlement, an
inheritance or a gift) in Florida, someone must be appointed by
the court as the guardian of the minor's property.
Pre-Need Guardian
Any competent adult may designate another individual as their Pre-Need
Guardian in the event a guardianship is ever needed. The document
may then be filed with the circuit court prior to incapacity, or
at the time of incapacity.
Standby Guardian
The court may appoint a Standby Guardian in advance to take over
from a current guardian, should they no longer be able to carry
out their duties.
Voluntary Guardianship
Any competent individual can request the circuit court to appoint
a Voluntary Guardian. This is a guardianship over the individual's
property only with no healthcare authority. The ward can request
the dissolution of the guardianship at any time. Prior to the appointment
of the guardian, a physician must state the person/ward is competent
to make this decision.
Limited Guardianship
When the court determines the ward is able to retain some but not
all rights, a Limited Guardian is appointed. For a
listing of removable rights, click here.
Plenary Guardianship
When the court determines the ward is unable to retain any rights,
a Plenary Guardian is appointed. This is the most restrictive type
of guardianship (plenary is a legal term meaning complete or total.)
Emergency Temporary
Guardianship (ETG)
Should there be an imminent danger to the individual's health, welfare
or property, then the court may appoint an Emergency Temporary Guardian.
This guardianship only lasts for 60 days, or until a permanent guardian
is appointed, whichever comes first. A petition for determination
of incapacity must be filed at the same time the petition for the
ETG is requested. For a detailed
explanation of the determination of incapacity process, click here.
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