PUBLIC GUARDIANSHIP PROGRAM OF INDIAN RIVER COUNTY

WHAT IS GUARDIANSHIP?

The process designed to protect and exercise the legal rights of in­dividuals whose functional limitations prevent them from being able to make their own decisions when they have not made plans for this time in their lives.

PUBLIC GUARDIAN

SPGO

A guardian that provides services for the incapacitated who have limited financial means and no willing family member or friend to serve as guardian. A public guardian must be designated as such by the Statewide Public Guardianship Of­fice prior to the court appointing him or her to act as the guardian.

Statewide Public Guardianship Office is responsible for designating local offices of public guardian as well as the registration and education of professional guardians throughout Florida.

THE PROCESS

Guardianship is the process designed to protect and exercise the legal rights of in­dividuals whose functional limitations pre­vent them from being able to make their own decisions and have not made plans for this time in their lives. People who need guardianship may have dementia, Alzheimer's disease, a developmental disability, chronic illness or other such conditions that generally cause functional limitations. Before a guardianship is established, it must be determined that the alleged incapacitated person (AIP) lacks capacity. Guardianship should be the last resort.

1.

A PETITION IS FILED

Any competent adult may file with the court a petition to determine another person's incapacity. Once the petition is filed, the court will then appoint an exam­ining committee consisting of three members. The examining committee will conduct an evaluation and report back to the court. In addition, the court will appoint an attorney to represent the AIP.

2.

A HEARING IS HELD

The court will hold a hearing to review the reports of the examining committee. If the court finds the AIP to be incapaci­tated, the court must then determine if there is a less restrictive alternative to guardianship.

3.

GUARDIAN APPOINTED

If the court determines the AIP is incapaci­tated and there are no less restrictive alternatives, then the court will appoint a guardian and issue letters of guardianship. Depending on the determination of the court, the AIP may require a guardian of the person, a guardian of the property or a guardian for both the person and the property.

CAN ANYONE FILE A PETITION FOR INCAPACITY?

The petitioner must be a competent adult who can attest as to why he or she believes the person may be incapacitated.

HOW LONG DOES THIS PROCESS TAKE?

Once the Petition for Incapacity is filed with the court, the court, within five days, will appoint an attorney to represent the AIP and an examining committee to conduct an evaluation. The examining committee will complete their evaluations and submit their reports back to the court within 15 days. The court will then set a hearing to be held within 14 days after receiving the reports from the examining committee. The reports filed by the examining commit­tee should include a diagnosis, prognosis and a recommended course of treatment.

CONTACT US

LET'S TALK ABOUT IT

Feel free to contact us with any questions or inquiries. We would love to talk with you.

 

PHONE: 772-567-8276

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ONE PERSON CARING ABOUT ANOTHER REPRESENTS LIFE'S GREATEST VALUE.

PUBLIC GUARDIANSHIP PROGRAM OF INDIAN RIVER COUNTY

A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE STATE. 1-800-HELP-FLA (435-7352) OR www.FloridaConsumerHelp.com. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE." FLORIDA REGISTRATION CH53312