Guardianship Explained: Advocating for the Best Interests of the Incapacitated Person

Written by:  Christian Fahrig, Esquire

Navigating the guardianship process can be challenging, especially when emotions run high and legal complexities arise. The Elder Law Center of Kirson & Fuller’s priority is to advocate for and protect the rights of the Alleged Incapacitated Person (AIP) or Ward. As Elder Law attorneys, our ultimate responsibility lies with the individual at the center of the case, ensuring their best interests and dignity are preserved throughout the guardianship process.

What Does a Guardianship Attorney Do in Florida?

 Guardianship is a legal arrangement designed to assist individuals who can no longer manage their personal, financial, or healthcare decisions due to age, illness, or disability. While family members or interested parties often petition for guardianship, the attorney’s fundamental role is to represent the best interest of the AIP or Ward; not the best interest of the petitioners, family members, or other interested parties. Florida law mandates that an AIP’s expressed wishes are represented, to as far as possible. When those wishes cannot be communicated, attorneys must still act in accordance with an AIP’s best interests. This ensures that the AIP’s rights are safeguarded and their autonomy is preserved, to the greatest extent possible.

Guardianship Is About Protection, Not Control

 A common misconception about guardianship is that its purpose is to control an individual. In reality, the goal is to provide protection and support to someone who cannot manage essential aspects of their life. Florida law emphasizes creating a guardianship plan that uses the least restrictive means necessary. This means that, wherever possible, the individual retains their rights and independence while receiving the assistance they need. Guardianship should always prioritize the dignity of the AIP or Ward through tailored solutions that address specific needs, such as healthcare or financial management, through a framework that supports the individual, not one that overly restricts the person’s freedom.

Guardianship Litigation Is Not a Tool for Family Disputes

 Family conflicts often arise in guardianship cases, particularly when there are disagreements over who should serve as guardian or how care decisions should be made. However, it is important to remember that guardianship litigation is not meant to settle personal disputes or gain control over an incapacitated individual’s assets. When family members use guardianship proceedings to further their own agendas, it can detract from the AIP or Ward’s well-being. As attorneys, we strive to ensure the process remains focused on the person who needs care and protection.

How an Elder Law Attorney Can Help in Family Disputes

 While disputes can be challenging, elder law attorneys play a critical role in resolving them. At The Elder Law Center of Kirson & Fuller, we advocate for the AIP or Ward to ensure their voice is heard and pursue litigation only when necessary to protect the vulnerable individual’s best interests. Our goal is to reduce conflict and prioritize the welfare of the AIP or Ward while preserving family relationships whenever possible.

The Elder Law Center of Kirson & Fuller’s role in Guardianship Cases in Florida

At The Elder Law Center of Kirson & Fuller, we are dedicated to providing compassionate, professional representation for potential petitioners and guardians of Alleged Incapacitated Persons and Wards. We believe that guardianship should be a protective, not punitive, process, and we are committed to upholding the rights and dignity of vulnerable individuals. If you’re facing a guardianship matter in Florida, our experienced elder law attorneys are here to help, with care, professionalism, and integrity. Our experienced attorneys offer expertise in Florida guardianship law, solutions that align with the AIP or Ward’s wishes and needs, and guidance to families navigating complex and emotional cases. Whether you’re seeking to establish guardianship or navigating a family dispute involving a guardianship, we will work diligently to protect your loved one’s best interests.