My elderly widowed aunt is having difficulty making daily decisions on her health care and finances. As I am the closest living relative, what can I do to protect her?
The Clerk’s office has noticed in the last few years a trend toward estate planning, setting up trusts, living wills and declarations of health care surrogates, etc. In the absence of estate planning, when a friend, physician, or relative has a concern that someone may take advantage of a person, they should consult a Florida Bar attorney familiar with the guardianship process. The attorney will decide if filing a petition to determine the loved one’s capacity and a petition to appoint a guardian with the court in the venue where they reside is in the best interest of the relative. The court appoints an examining committee and an attorney to represent the alleged incapacitated person at a hearing. As always, the Clerk’s office is available to explain the procedural aspects of the guardianship process in the event you are considering this option.
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