GUARDIANSHIP

A guardianship is a legal proceeding in the Circuit Courts
of Florida in which a guardian exercises the legal rights of an incapacitated
person or a minor child. A guardian is an individual or institution, such as a
bank trust department, appointed by the court to care for an incapacitated
person or a minor child. All guardianship matters in the State of Florida
require an attorney (Rule 5.030).

Guardianships for an adult person are filed when it is
believed that a person is not mentally capable of taking care of
himself/herself. Mental Health appoints a committee to evaluate the person and
make their report to the court. Guardians can be appointed as guardian of the
person only, property only, or person and property. If a person recovers in
whole or part from the condition that caused him or her to be incapacitated,
the court will have the ward examined and can restore some or all of the
person’s rights.

Guardianships for minors are filed when the minor child has
inherited money or has property in excess of $15,000.00. A guardian of the
property is all that is needed if the minor child’s parents are living. If the
minor child’s parents are deceased or unable to be appointed guardians, he/she
may need a guardian of the person and property.

BAKER ACT

Persons who are mentally ill and refuse to seek treatment
and are a danger to themselves or others may be court ordered for evaluation
and treatment or emergency pickup, if necessary, under the provision of the
Baker Act when the licensed service provider determines the criteria. The
agency files the petition and assists with the preparation and filing of
emergency petitions.

Baker Act records are confidential.