Guardianships can be similar to adoptions in that a third party, not necessarily biologically related to a person, is granted decision making authority over another person and/or his/her property, whether that person is a child or an incapacitated adult.
Guardianship is only warranted when no less restrictive alternative—such as durable power of attorney, trust, health care surrogate or proxy, or other form of pre-need directive—is found by the court to be appropriate and available. To avoid the extensive and costly process of appointing a guardian, it’s best for an adult individual to have in place a durable power of attorney or designation of health care surrogate.
Florida law provides for limited as well as plenary adult guardianship. A limited guardianship is appropriate if the court finds the ward (meaning the person for whom a guardian has been appointed) lacks the capacity to do some, but not all, of the tasks necessary to care for his or her person or property; and if the individual does not have pre-planned, written instructions for all aspects of his or her life. A plenary guardian is a person appointed by the court to exercise all delegable legal rights and powers of the adult ward after the court makes a finding of incapacity. Wards in plenary guardianships are, by definition, unable to care for themselves.