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The importance of establishing guardianship

On Behalf of | Jul 31, 2020 | Estate Planning

Planning your estate is not just a good option — it is a matter of securing your legacy and your overall wellness in your late years. Better late than never is a fine adage, but it can lead to procrastination on important filing like a guardianship. It may leave you in a vulnerable position without established parameters for how people will take care of you. 

There are a few ways this appointment can happen. As the Florida courts specify, a number of individuals have the option of appealing the courts if they feel you may be incapable of managing your estate or needs. 

A guardianship decided for you

If something has happened and you appear incapable of serving your best interests, family, friends or even the state can appeal and determine you unfit and secure a plenary guardianship. This is a long process that determines your mental and physical faculties and may reduce your rights in favor of handing that authority to a ward. 

A guardianship decided because you need it

Sometimes you know that you are losing your touch. If you believe that you need help attending to your finances, affairs or health needs, you can appeal yourself to get the assistance you need in the form of limited guardianship. This still requires proof and determination of your capabilities, but it is because you sought it out and it can specify specific needs rather than omit you from all control. 

A guardianship decided for your future

Taking the time when there is no doubt about your capabilities is the prime moment to make sure that your family and the state have written policies to refer to when respecting your wishes. Establishing guardianships or advanced directives may help you know that you have made every move to cover the scenarios that concern you the most.