Guardianship Attorney | Orlando

What Qualifies You For Adult Guardianship?

In order for an adult in Florida to be considered “incapacitated” by the court and their legal decision-making rights be given up to be placed in the hands of a guardian. First, there must be a thorough examination. This comprehensive examination must include the following unless an explanation is provided for why one of the criteria is unnecessary:

• A physical examination
• A mental health examination
• A functional assessment

Common types of conditions that qualify an incapacitated person to become a ward include the following:

• Dementia and Alzheimer’s – 5.5 million Americans are currently living with Alzheimer’s or dementia, according to the Alzheimer’s Association. Furthermore, 10 percent of all Americans over the age of 65 have Alzheimer’s. Today, someone in the U.S. develops Alzheimer’s every 66 seconds. By mid-century, because the older population will be much larger, someone will develop Alzheimer’s every 33 seconds. Dementia and Alzheimer’s reduce the person’s ability to remember short-term and long-term events, cause confusion, and sets the patient up to be a victim of financial fraud.
• Adults with Disabilities – According to statistics, there are more than three million cases of intellectual disability (ID) per year for those 18 years old or older. Intellectual disabilities vary in range of severity, with the most serious cases rendering the individual entirely incapable of making decisions about their health, finances, or daily life activities.
• Serious Injury or Illness – A serious injury, such as a traumatic brain injury or coma may qualify a person as incapacitated, as well. If a loved one was in a serious accident or fell ill, you may be able to become their guardian if the court deems them incompetent