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At Lemieux & Jacoby Elder Law Advocates, we’re here to help families understand when guardianship is appropriate and how the process works. When a loved one becomes unable to make sound decisions due to age, illness, or disability, families are often left wondering how to ensure their safety and well-being. In these situations, guardianship can be a critical legal tool.
What Is Guardianship?
Guardianship is a legal arrangement in which a court designates a person—known as the guardian—to make important personal, medical, or financial decisions on behalf of another individual, referred to as the ward, who can no longer manage their own affairs. It’s commonly used for seniors experiencing cognitive decline, individuals with developmental disabilities, or adults who have suffered severe medical trauma.
In Florida, guardianship is considered a last resort—used only when there are no less restrictive alternatives like powers of attorney or health care proxies.
When Might You Need Guardianship?
Guardianship is often required in several typical situations:
Cognitive Impairment: Dementia, Alzheimer’s disease, or other forms of cognitive decline can affect a person’s ability to make safe and informed decisions.
Developmental Disabilities: Young adults with intellectual or developmental disabilities may require ongoing support with life and financial decisions once they turn 18.
Mental Illness or Substance Abuse: In cases where a person’s mental state puts them at risk of harm, a guardian can help ensure their safety and stability.
No Existing Legal Documents: If a person becomes incapacitated without having signed a durable power of attorney or advance directives, guardianship may be the only option.
The Guardianship Process in Melbourne, FL
At Lemieux & Jacoby Elder Law Advocates, we guide families through the detailed and sometimes emotional process of establishing guardianship. Here’s what you can generally expect:
1. Filing a Petition – A family member or concerned party files a petition with the Brevard County Probate Court.
2. Evaluation – The court appoints an examining committee of medical and mental health professionals to assess the individual’s capacity.
3. Hearing – A judge reviews the findings and decides whether guardianship is necessary and, if so, appoints a suitable guardian.
4. Ongoing Oversight – Guardians must report to the court regularly to ensure the ward’s best interests are being met.
Choosing the Right Advocate
Assuming legal guardianship is a significant duty that demands careful consideration and the support of qualified legal counsel. Our experienced team at Lemieux & Jacoby Elder Law Advocates has helped countless Melbourne families protect their loved ones while respecting their rights and dignity.
Whether you're facing a sudden crisis or planning for the future, we’re here to provide clarity and confidence throughout the guardianship process.
Alternatives to Guardianship
In some cases, guardianship can be avoided through proper estate planning. Durable powers of attorney, living wills, and health care surrogates can allow individuals to designate trusted people to make decisions if they become incapacitated.
If you're unsure whether guardianship is necessary or want to explore alternatives, we recommend scheduling a consultation with our office.
Safeguarding Those You Cherish with Compassion and Respect
Guardianship can be a powerful way to safeguard someone’s well-being—but it also comes with important legal and ethical responsibilities. Contact Lemieux & Jacoby Elder Law Advocates at 321-723-8388 or explore our services online at lemieuxjacoby.com, we’re proud to serve the Melbourne, FL community with thoughtful, professional support in all matters of elder law and guardianship.
