Voluntary Guardianship

Voluntary Guardianship

Home » Our Practice » Incapacity & Guardianship » Voluntary Guardianship

A person who has capacity, but who is having difficulty managing their financial affairs because of health problems or infirmity due to aging, may request the Court “act” as if the person is Incapacitated and appoint a Guardian to oversee the person’s financial affairs.  Similar to a Power of Attorney, the Ward may choose the person who will act on their behalf and only grants that agent authority over specific financial affairs.  Unlike a Power of Attorney, only the Court may establish a Voluntary Guardianship and, while the Guardianship exists, the Ward’s rights are suspended.  As with all forms of Guardianship, the Guardian’s activities are subject to ongoing judicial supervision and annual reporting requirements.  Voluntary Guardianship is only advisable when necessary to avoid one’s own poor decisions or where ongoing court supervision is desired.  (See F.S. §744.341)