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Florida Involuntary Guardianship

Our South Florida guardianship attorneys can help file for an involuntary guardianship in Miami, Broward, Monroe and Palm Beach County. Call a Florida guardianship attorney at the Law Offices of Jason Turchin today at 800-337-7755 for a free consultation.

When a loved one is diagnosed with a mental illness or sustains a brain injury, there might be questions regarding his or her capacity to make decisions. As people get older, maybe showing signs of dementia, illness, brain damage, or mental illness, family members can become very anxious about said individual’s ability to make good decisions regarding his or her own safety. The same reduced decision making capacity is found when a person is habitually under the influence, who repeatedly place themselves, or those dependent on them, in potentially dangerous situations. In such cases, the court will consider the appointment of a Florida guardian.

Miami Involuntary Guardianship Attorney

Laws in Florida allows for both voluntary as well as involuntary guardianship. A guardianship is “a relationship between a competent adult, agency, or institution and a ward”. The ward would be the person older than 18 who is incapable of making decisions in their own best interest. This “incapability” needs to conform to the legal definition of a mental incapacity. “Mental capacity is the mental ability to understand the nature and effects of one’s acts.” The court’s aim is to get a responsible entity or person to look out for the ward’s best interest, and make decisions on their behalf.

The Difference between Voluntary and Involuntary Guardianship


In a Florida voluntary guardianship, an adult who is incapable of making his own decisions regarding health, wealth or safety can voluntarily request a guardianship. If, on the other hand, the family members or loved ones notice that a person’s decision-making is incapacitated, they can petition the court for involuntary guardianship. Duties and regulations regarding guardianship in Florida can be found in Chapter 744 of the Florida Statutes. As in any of the other cities in Florida, a Fort Lauderdale Involuntary Guardianship or involuntary guardianship in Florida is subject to court supervision.

Petitioning for Involuntary guardianship in Broward

As in any other Florida city, the family of a potential ward in Broward needs to make very sure that involuntary guardianship is the best way of safeguarding an incapacitated person against dangerous decisions, or lifestyle choices. If this is the case, they need to file the following petitions and application documents, among other possible required legal documents:

1) Petition to Determine Incapacity
2) Petition for Appointment of Guardian
3) Application for Appointment as Guardian

The Process after Filing a Petition to Determine Incapacity in Dade, Broward and Palm Beach

The court will then go about establishing the potential ward’s mental state by means of an examining committee. The members of the committee need to file written reports with the court, according to which the court will issue a ruling. A Florida guardianship attorney may be helpful as there may be complicated financial or personal issues which need to be presented to the court. Seeing that we are talking about involuntary guardianship, where the incapacitated person has not agreed to a guardianship for whichever reason, this person may generally also hire or have appointed his own attorney and also his own medical representative if he or she wants to contest the guardianship.

Home and Hospital Service Throughout South Florida

If you or your loved one is unable to come to us, we can come to you! Our mobile technology allows us to handle many services while making home visits or hospital or nursing home visits. We can help assess whether an involuntary guardianship is possible.




Contact Us Today For A Free Consultation!

Our South Florida guardianship lawyers are available throughout Florida, including Miami, Fort Lauderdale, Weston, Tamarac, Bonaventure, Boca Raton, Davie and surrounding areas. We are also available for consultation at nights, weekends, and holidays.

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