Adult guardianship often involves involuntary arrangements. People who have experienced significant cognitive decline or who have challenging medical issues may end up as wards subject to guardianship because caregivers or family members take legal action.
People often think of pursuing guardianship as an inherently adversarial process in which they must prove that a person is too incapacitated to manage their own affairs. They may worry about permanently damaging their relationship with the vulnerable party by taking them to court. But, guardianship does not always require conflict and litigation.
Can older adults struggling with their personal affairs agree to a guardianship?
The Florida courts can authorize voluntary guardianships
Individuals who recognize that they now struggle to manage their finances and daily lives may request support from others. They can discuss their circumstances with family members and other trusted individuals.
They can then participate in a voluntary guardianship arrangement and ask the courts to approve the guardianship by cooperating. They can influence what authority the guardian has and who holds the role of guardian.
Voluntary guardianships are often short-term arrangements, although people can return to court to extend them. If the ward’s condition declines, the courts may convert the arrangements to a permanent guardianship based on need.
There are multiple ways for those who need support to secure it via the Florida legal system. Cooperating for a voluntary guardianship is one of several arrangements that can help struggling older adults secure the support they need as they age. Concerned family members and caregivers may want to discuss voluntary guardianship with an individual struggling to meet their own needs, and then seek personalized legal guidance as a next step.