Q: How hard will it be to become a guardian over an elderly friend -- I am not a family member.
A: Depends on many factors -- does the alleged incapacitated person have family and their dynamics, did the person create advanced directives that name people to act for them now, your background and relationship, etc. Contact a lawyer in the Jurisdiction where the person lives and go over everything with them -- the consultation should be free.
A: Any adult in Florida can petition to be appointed a legal guardian for an incapacitated adult. Notice of the petition would need to be served on next of kin, as they have preference of appointment if they wish to serve. It is a very involved and costly process. If the incapacitated person has assets that need protecting and the person does not have a durable power of attorney or a trustee of a trust, then I would recommend that you contact a guardianship attorney in your local area for a consultation. If the person does not have assets but only has social security income, then you may wish to apply to become the person's representative payee with social security administration and may also wish to sign a declaration of medical proxy, so that you can volunteer to be the health care decision-maker. Neither of these self-help remedies require guardianship.
A: It depends on if family members also want to be guardian.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
