Letters Of Guardianship Essay

Letters of Guardianship will be issued following the entry of the Order Appointing Guardian and any bond that may be required of the guardian by the court. The Letters of Guardianship state whether the Guardianship is for person, property, or both. They also state whether the Guardianship is plenary or limited. If limited, the Letters of Guardianship provide details regarding the specific rights delegated to the guardian. Guardianship does not begin until the Letters of Guardianship are signed by the judge.

Before exercising his or her authority as guardian, a guardian is required to take an oath that he or she will faithfully perform his or her duties as required by the court and Statutes.

Any guardian who fails to discharge his or her duties may be removed as guardian in addition to being subject to any other penalties under the law.

GUARDIANSHIP BONDS

Section 744.351, Florida Statutes, requires a Surety Bond for each guardianship of the property, in addition to the Blanket Bond of $50,000 required of all professional guardians, in order to protect each patient’s assets. The surety bond is not intended to restrict the guardianship process. In lieu of a bond or in order to reduce the bond amount, §744.351(6), Florida Statutes, provides the court with authority to

Thus, it is important that guardians keep in mind the importance of allowing patients to be involved in as many decisions as their capacity allows. In fact, the law (§744.3215, F.S.) dictates rights for persons determined incapacitated. Specifically, a person determined to be incapacitated always retains the