Luis E. Barreto & Associates represent various cases centered around guardianship, and it is important to establish its purpose. A guardian is responsible for protecting the person and their assets, and we need to emphasize how seriously the state of Florida takes them. Although we represent individuals who wish to contest guardianship, others enter into this relationship willingly and voluntarily. These individuals may recognize that they cannot make responsible decisions for themselves now or in the future.
There are many different facets of guardianship, but we want to discuss what it takes to be a guardian for another adult. For instance, if you have an aging parent recently diagnosed with dementia, you may want to step forward immediately and become their guardian. If so, you are incredibly selfless and amazing, and your parents are fortunate to have your support. However, we also want you to know that you have ours too. We want you to understand what it means to be a guardian, so you can be in the best position to care for your loved one.
What are the Expectations & Requirements of a Guardian?
Before committing to becoming a guardian, take the time to understand your administrative responsibilities. Florida takes guardianships seriously. In addition to filing annual reports, you will be accountable for every dollar you spend on the ward (the person you are the guardian of). If this is something you are considering, you need to reach out to an attorney who is comfortable with assisting guardians with administration. Although you may be comfortable tracking and accounting for expenses, you must understand how that money can be spent.
In addition to annual reports, guardians will likely have to submit a budget. This is to confirm how much of the ward’s assets will be used to support the ward. If the ward is married, their spouse must be factored into the budget. There are also instances where the ward is a beneficiary of a trust, and the budget will address how the assets in the trust factor into their monthly budget.
For instance, what happens if the guardian has to take the ward to and from the hospital for a month? Who has to absorb that cost if the guardian incurs $250 of transportation, food, and lodging expenses? Guardians are entitled to reimbursement, and your attorney will ensure that it comes from the correct source and is documented appropriately. Furthermore, guardians are entitled to reasonable compensation. The amount of time you spend, the type of task, and the typical cost of the task are only three of many factors that get considered when determining “reasonable” compensation.
Luis E. Barreto & Associates Will Support You
We advise and assist clients with establishing guardianships, helping guardians understand the extent of their roles and responsibilities, and we even represent people who do not want to be subject to guardianship. Contact us today to schedule a free initial consultation if you have further questions about our guardianship services or anything discussed in this blog.
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