A guardianship is a legal relationship in which one person – “the guardian”
– is appointed to make decisions on behalf of another person – “the ward.”
A guardian may be appointed for an adult ward who has a mental or physical impairment that prevents them from making their own decisions. In Florida, the circuit courts oversee the process.
Since guardianship requires a judicial finding that the alleged incapacitated person (AIP) is, in fact, incapacitated, the arrangement strips the AIP of certain rights. Therefore, a guardian cannot be appointed to act on behalf of an adult ward unless there is no less restrictive manner, such as a trust or a power of attorney, available to protect their interests.