What Is Guardianship?
By: Lennie
Burke, President Florida State Guardianship Association
A measure of our
civilization is how well
we care for our injured
and ill. Guardians are
one component of how we
meet the needs of those
who can’t adequately
care for themselves.
Sometimes an individual
falls victim to mental
illness, a brain injury,
dementia, developmental
disability or some other
debilitating disease. This
can leave them without the
ability to make appropriate
decisions for themselves.
When that happens, they need
help. Sometimes it’s just a
little help and sometimes
they are totally
incapacitated. In many
cases, families step in and
provide loving care, but
that’s not always possible.
That’s when a
court-appointed guardian is
needed to make healthcare,
financial and other
decisions that a person can
no longer make for
themselves.
There are several kinds of
guardians. Family
guardians are needed
when a family member needs
authority to act that isn’t
provided by a power of
attorney. If family isn’t
available or appropriate, a
professional guardian
may be appointed to make
some or all of the decisions
for an incapacitated person.
That is possible when an
individual has adequate
financial resources to pay
for the assistance. If an
individual has very limited
resources, a public
guardian may be
appointed.
Florida law makes it clear
that appointing a guardian
is a last resort and that
the least restrictive
alternative is always
preferred. When a
guardianship is justified,
it is essential. Otherwise,
the safety, health, comfort
and property of a
defenseless person may be
endangered.
Public guardians and
professional guardians are
regulated by the Statewide
Public Guardianship Office (SPGO)
in the Department of Elder
Affairs. The regulations
address the qualifications
necessary to be a guardian.
In order to be either a
public guardian or a
professional guardian,
approval by SPGO is
required. 66
