Teri L. St.Hilaire
Guardianship
A Certified Professional Legal Guardian is a person who is trained, certified by both Florida State Court and the National Certified Guardianship Association, and appointed by the Court to oversee personal care and/or the financial matters of a person who cannot adequately manage their own affairs due to incapacity. The guardianship process begins when a concerned person (friend, neighbor, family member, agency) presents a petition to the court with information about a person who is having difficulty caring for him/herself. Legal notice of a hearing is given to the person and their relatives, and legal counsel is assured. If, at the hearing, the person is found to be incapacitated, and a guardianship is determined to be appropriate, a guardian is appointed by the court. (In some states this is called a "conservator.")
A guardian is committed to being a lifetime advocate for an incapacitated person. A guardian of the person makes all decisions about the physical wellbeing and healthcare and living circumstances of the incapacitated person. A guardian of the estate protects the person's assets while paying bills, managing real property, and investing prudently. If the incapacitated person's resources run out, the guardian arranges for Medicaid, Supplemental Security Income, or Social Security Disability. A Certified Professional Guardian may serve in either or both capacities.
Certified Guardians are bonded, trained, and constantly accountable to the Court. They strive to apply the principles of substituted judgment and best interests in all decisions made on the protected person's behalf. Guardians are committed to balancing the independence of the individual with the physical safety, comfort, and financial security to which the client is entitled.
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When I am contacted about a new client I conduct my investigation and determine the best course of action and the type of management that may be needed to provide the least restrictive care possible. Full guardianship is not always needed and each situation is different and requires different approaches. I interview any family, friends, neighbors of the alleged incapacitated person; work with healthcare facilities and attorneys to arrange for petitioning to the court for guardianship to arrange for a medical/psychiatric evaluation to establish guardianship. The final decisions about incapacity and guardianship rest with the Court. Whatever decision is reached, it should always be the least restrictive action available, allowing the person to retain the most individual freedom possible within the limitations of their life circumstances. Once appointed I investigate all financial accounts and assess the assets of the estate and marshal into guardianship titled accounts; Within eight weeks of the being appointed as guardian, I submit a Initial Inventory and Initial plan to the Court to show the court what assets are under guardianship and what the initial plan is for care and placement of the ward.
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