Appointment of a Guardian?
Before a court appoints a guardian, the court must first determine whether the person under the guardianship is incapacitated. This is completed through a physician committee selected by the court to examine the alleged incapacitated person’s disabilities. When an adult is determined incapacitated the court may then delegate certain rights to be carried out by the guardian. Note that the incapacitated person may lose the right to exercise all rights, depending on the severity of his or her incapacitation. The guardian is only authorized to make decisions on behalf of the incapacitated person regarding those delegated rights.
Sometimes, a minor also requires guardianship over his or her property. This occurs when a minor child’s parents have passed away and the minor receives a settlement or inheritance of over $15,000. Florida law also lays out other circumstances where a minor guardianship may be necessary.