321-723-8388
Guardianship in Florida is one of the key legal tools available when planning for a future where you or a loved one may no longer be able to handle personal, financial, or medical decisions independently. Alongside power of attorney, it ensures that a trusted individual can step in to act on behalf of another, but the two differ in how they are created, the extent of authority they provide, and the circumstances under which they take effect. At Lemieux & Jacoby Elder Law Advocates, we guide families through these important distinctions to help them make confident and informed choices about long-term care planning in Florida.
What is Guardianship in Florida?
Guardianship in Florida is a court-supervised process where a judge appoints a guardian to make decisions for an individual deemed legally incapacitated. This may involve managing finances, making healthcare choices, or handling daily living arrangements. Because guardianship removes some or all decision-making rights from the individual, the court closely oversees the guardian’s actions to ensure the person’s best interests are protected.
Guardianship often becomes necessary when no advance planning documents, such as a power of attorney or healthcare directive, are in place. While it provides strong protections, it can also be time-consuming, costly, and emotionally challenging for families.
What is Power of Attorney?
A power of attorney (POA) is a legal document created voluntarily by a competent adult, granting another person (the “agent” or “attorney-in-fact”) authority to act on their behalf. Unlike guardianship, it does not require court involvement. The scope of authority can be broad or limited, depending on the type of POA chosen.
For example:
Durable Power of Attorney continues to be effective even if the individual becomes incapacitated.
Healthcare Power of Attorney allows an agent to make medical decisions when the person cannot.
Because it is created in advance, a power of attorney is generally less expensive and more flexible than guardianship.
Key Differences
1. Establishment: Guardianship requires a court order, while a POA is set up privately in advance.
2. Timing: A POA is proactive, while guardianship is often reactive when no planning exists.
3. Control: Guardianship can strip the individual of rights, whereas a POA allows them to choose who will act on their behalf.
4. Cost and Oversight: Guardianship involves ongoing court oversight; a POA typically does not.
Choosing the Right Path
While both tools serve vital purposes, having a power of attorney in place is often the best way to avoid the stress and expense of guardianship later. However, when no prior planning exists, guardianship ensures vulnerable individuals are protected.
At Lemieux & Jacoby Elder Law Advocates, we guide families across Florida in navigating guardianship in Florida and drafting powers of attorney that safeguard their future. Contact us today at 321-723-8388 or visit lemieuxjacoby.com to ensure peace of mind tomorrow.
