Guardianship, part of family and probate law, involves different complications. It is best to have a clear idea about the basics beforehand. Here is a brief guide to this particular domain of US law.

What is guardianship? In certain circumstances, an individual may require help in making important decisions regarding life, health or finances. This may be because of a physical or psychological incapacity. If that is the case, the court may appoint a guardian for the individual to ensure his/her smooth life.

Who can become a guardian? A relative or friend may take on the responsibility. However, there is no restriction in this regard. The court may appoint a state-operated agency or organization as guardian too. Florida law requires an entity to file a petition with two specific demands – to determine whether there is physical and/or mental incapacity and whether there is the need for a guardian.

What is the duty of the guardian? In most cases, the guardian is responsible for handling the ward’s property and paying taxes, and taking decisions regarding the legal matters. He/she is also at times required to decide on issues concerning medical treatments, lifestyle matters, visitations, and such others.

What if there is a neglect or abuse of power by the guardian? In case you feel that the guardian of an individual is not responsible enough or is misusing their powers, you may file a complaint at the family or probate court. However, guardianship litigation is a complex domain and you need the help of a competent lawyer to deal with it.

Is there any other way to prevent this? If the guardianship is of limited nature, it is possible to put a check on the guardian. However, if it does not belong to this category, the only way left is to opt for litigation.