Aging Adults – An older adult may become incapacitated due to a medical condition or mental illness. Adults who have practical limitations caused by illnesses such as Alzheimer’s, dementia, chronic illness or other conditions may need guardianship. Two petitions must be filed with the court before a legal guardian is appointed. The first petition seeks to establish the capacity of the “Allegedly Incapacitated Person” (AIP). The second petition looks for appointment of one or multiple guardians. The person petitioning the court has the burden of showing incapacity by clear and convincing evidence. Once the prospective guardian has filed an oath, posted a bond, and after the order appointing guardian has been entered, the court issues letters of guardianship. The guardian has authority to exercise only those rights delegated to him by the court on behalf of the ward. The guardian is responsible for creating and filing a care plan explaining the ward’s needs and how the guardian intends to meet those needs. The guardian is also responsible for maintaining a detailed accounting of the ward’s assets, income, and expenses in order to assist the ward with tax preparation and filing. The appointed guardian is typically responsible for helping the person manage their medical, legal, and financial affairs.

Adults with Dependency Issues – An adult may become incapacitated due to substance abuse issues such as alcohol, illegal drugs, or prescription drugs. In Florida, under the Marchman Act, a person may be involuntarily assessed and possibly involuntarily treated for substance abuse. In such a case, a court may appoint a guardian advocate during court proceedings. The decision to become a legal guardian to a loved one suffering from dependency issues is difficult and costly. Sometimes it is necessary to protect the loved one from depleting their assets, managing their health issues, and preventing them from doing harm to themselves.