Geriatric Care Miami: Guardianship, Guardian Care Management Services for Geriatrics, Senior, Elderly, Disabled Adults
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Member, National Association of Professional Geriatric Care Managers
GUARDIANSHIP & GUARDIAN SERVICES

H. Vicki Brail, LCSW: Geriatric Care Miami Guardianship is a legal process used when a person can no longer make safe or sound decisions about his or her person or property or has become susceptible to fraud. A guardian is a person appointed by the local probate court to manage the affairs of such a person, called a ward. Because establishing a guardianship may remove considerable rights from an individual, it should only be considered after alternatives to guardianship prove ineffective or unavailable.

Florida has specific laws which govern guardianship proceedings and guardian activities, all of which are designed to protect the interests of the ward. Florida probate code 744 is the statute that governs guardianship. A Florida guardian is accountable to the local probate court and must report annually on the status of the Guardianship.

Guardianship of the Person. When the court appoints a guardian of the person, the guardian may have the following responsibilities:

  • Determine and monitor place of residence

  • Consent to and monitor medical treatment

  • Consent to and monitor non-medical services

  • Release confidential information

  • Make end-of-life decisions

  • Act as representative payee

  • Report to the court about the guardianship status

Guardianship of Estate or Property. Estate is defined as both real and personal property, tangible and intangible, and includes anything that may be the subject of ownership. When the court appoints a guardian of the estate, the guardian is assigned the following responsibilities:

  • Obtain appraisals of property

  • Protect property and assets from loss

  • Receive income for the estate

  • Make appropriate disbursements

  • Obtain court approval prior to selling any asset

  • Report to the court on the estate status

H. Vicki Brail, LCSW provides professional guardianship services, personal advocacy, private care management, and health care surrogate services in Greater Miami and South Florida.

Contact Geriatric Care Manager Vicki Brail: Call 305-271-5500
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Member, Florida State Guardian Association
 


Copyright © 2005 H. Vicki Brail LCSW, Geriatric Care Manager and Guardian serving Greater Miami-Dade and South Florida


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