How do I File a Petition for the Guardianship of a Parent in Orange County, Florida?

Adult children may have to file for guardianship of their elderly parents if they become incapacitated.

Legal guardians are appointed in the event that an elderly person is no longer capable of fully caring for his or her own needs.



Adult children who have become their parent's guardian may be able to make legal decisions for their parent, including where they live, what kind of medical treatment they receive and determine how their finances and assets are handled, depending on the type of guardianship they are awarded. Florida guardianship laws work to provide the most protection possible for the rights of the elderly person while enabling proper care to be taken of the person.



Filing for guardianship of an elderly parent in Orange County, Fla. will initiate the process of becoming a parent's legal guardian.

Things You'll Need

• Attorney (optional)
• Money for fees and paperwork
• Petition for incapacitation
• Guardianship plans
• Property and asset inventory

Instructions

1. Find an attorney or seek legal advice. Though an attorney is not legally required for this task, it is recommended that anyone planning on filing for guardianship of a parent first seek legal advice from a professional with experience in the matter.

   The attorney will be able to explain the process in detail as well as explain what is entitled in the guardianship process and what the individual's legal responsibilities will be if they succeed in being appointed as a guardian.

   It is important to have a firm understanding of what the entire guardianship process-- including planning for the care of your elderly parent -- will entail before filing the proceedings.

   If you do hire an attorney, the attorney will be able to provide and help prepare all paperwork and make court filings on your behalf. Improperly or badly prepared legal documents can severely hinder the legal process.

2. File a petition with the Orange County clerk of court to determine your parent's incapacity.

   This petition will need to fully document the facts and situations that have lead you to believe your parent has become incapacitated.

   After you submit the petition, the court will appoint a committee consisting of two professionals and a regular person to examine your parent and present their findings to the court.

   The court will also notify your parent that you have filed the petition and will appoint an attorney to represent your parent. Note that the fees for filing the petition, paying for the committee and paying for the attorney can be more than $1,000.

   If your parent is found incapacitated, the fees will be charged against their assets and a hearing will be set before a judge to determine guardianship. If the court dismisses the petition, there is a chance the petitioner may be held responsible for the fees generated by the petition.

   Clerk of the Court

   425 N. Orange Ave.

   [P.O. Box 4994]

   Orlando, FL 32801

   407-836-2057

   www.myorangeclerk.com

3. Attend the guardianship hearing to be appointed as your parent's guardian. Before the hearing, you should prepare and file both an initial guardianship plan as well as an annual guardianship plan for your parent. You will have to appear in court once a year with an annual plan for your parent's continued care.

   If you are awarded authority of any property, you will have to make an inventory of any property and assets belonging to your parent. You will have to file it with the court before commencing certain financial transactions, such as selling a house.

References

• Orange County Clerk of Courts: Guardianships
• Florida Department of Elder Affairs: Statewide Public Gaurdianship Office
• Russel R. Winer Attorney-at-Law: Guardianship
• Elder Planner: Florida Elder Law