One question we often get asked here at The Law Offices of Travis R. Walker is guardianships and do they require court interventions and they do.
In Florida, a guardianship has to go through the process of being filed with the court, a petition for guardianship is done and then the court assigns a panel. This panel of experts goes out and interviews the allegedly incapacitated person to determine whether or not they actually are incapacitated or the depth of their incapacity and at that point, the case moves forward and the court determines whether or not a guardianship is warranted: If a partial guardianship is warranted, if a full guardianship is warranted, or if no guardianship is warranted, and who should be the person who will be the guardian of the ward. That process is done through the court system as opposed to a power of attorney which does not involve the courts at all. So in order for you to have a guardianship, you do have to file guardianship papers with the local court.