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In order to establish a guardianship, someone must file a petition with the local court where the alleged ward resides. This process is completed by hiring a local attorney to draft the petition. Once the petition is filed, the court will appoint an attorney to represent the alleged incapacitated person.
Guardianship Salary in Florida Annual SalaryHourly WageTop Earners$155,441$7575th Percentile$130,700$63Average$98,166$4725th Percentile$76,700$37
The guardianship process is as follows: A petition is filed. Any competent adult may file with the court a petition to determine another person's incapacity. ... A hearing is held. The court will hold a hearing to review the reports of the examining committee. ... If necessary, a guardian will be appointed.
A power of attorney is granted by the person who needs care, while a guardianship is appointed by the court on that person's behalf. Can One Override the Other? Generally speaking, a guardianship can override a power of attorney.
A relative, an interested person, or a professional guardian may request a court to determine the capacity of an alleged incapacitated person. Upon filing a request to determine capacity, the court appoints an attorney for the alleged incapacitated person and three examining committee members.