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I am suffering from cancer. Is it possible to appoint a successor guardian for my child?

I am suffering from cancer. Is it possible to appoint a successor guardian for my child?

Full question:

I live with my son in Florida. My son was adopted a year ago. Recently, I found that I am suffering from cancer. As a result, it would be difficult for me to provide him with care and maintenance in the coming years. Is it possible to appoint a successor guardian for my child?

Category: Guardianship
Date: 04/07/2025
State: Florida

Answer:

A successor guardian may be appointed and duly qualified before the current guardian is relieved form his or her duties and obligations. A successor guardian is appointed if the guardian dies, becomes incapacitated or is removed as stated in Fla. Stat. §744.471. Fla. Stat. § 744.467, before relieving a person from guardianship, the court shall require the guardian to file a true and correct final report of the guardianship. Also, the guardian has to deliver to the successor guardian all property of the ward, all records concerning the property of the ward, copies of all records of medical or personal care and all money due to the ward from him or her. The court has also to ensure that the interest of the ward will not be placed in jeopardy by the resignation of the guardian. Fla. Stat. §744.471 reads:

“A successor guardian must be appointed and duly qualified before a guardian shall be relieved of his or her duties and obligations as provided in s. 744.467. A successor guardian shall be appointed if a guardian dies, becomes incapacitated, or is removed. Successor guardians are governed by the laws concerning guardianships.”

Fla. Stat. § 744.467 states resignation of a guardian. It is as follows:

“A guardian may resign and be relieved of his or her duties after the notice that the court may require and notice to the surety on his or her bond. Before entering an order discharging a guardian of the property, the court shall require the guardian to file a true and correct final report of his or her guardianship and to deliver to the successor guardian all property of the ward, all records concerning the property of the ward or of the guardianship, and all money due to the ward from him or her. A guardian of the person must deliver to the successor guardian copies of all records of medical or personal care, prior to being discharged. Before entering the order, the court shall be satisfied that the interest of the ward will not be placed in jeopardy by the resignation. The acceptance of the resignation shall not exonerate the guardian or the guardian's surety from any liability previously incurred.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What rights are lost under guardianship?

Under guardianship, the ward may lose certain rights, such as the right to make decisions about their personal affairs, including medical treatment and living arrangements. The guardian typically assumes responsibility for these decisions. However, the extent of rights lost can vary based on the type of guardianship established and the specific court order. It's important to understand that the court aims to protect the ward's best interests throughout this process.

What are the downsides of guardianship?

Some downsides of guardianship include the loss of personal autonomy for the ward, as they may no longer make decisions about their own life. Additionally, guardianship can be costly due to legal fees and ongoing court oversight. The process can also be time-consuming, and there may be emotional stress for both the guardian and the ward. It's crucial to weigh these factors carefully before pursuing guardianship.

What is the permanent guardianship law in Florida?

In Florida, permanent guardianship is established when a court determines that a child cannot return to their parents and that a guardian is needed to provide care. This type of guardianship can last until the child reaches adulthood or until the court decides otherwise. The guardian is responsible for the child's welfare and must act in the child's best interests. Specific statutes govern this process, including Fla. Stat. § 744.3021.

Is guardianship a good thing?

Guardianship can be beneficial in situations where an individual cannot care for themselves or make sound decisions. It provides a legal framework for someone to make decisions on their behalf, ensuring their needs are met. However, it also comes with significant responsibilities and potential loss of autonomy for the ward. Whether guardianship is a good thing depends on the specific circumstances and needs of the individual involved.

Does guardianship override parental rights in Florida?

Yes, guardianship can override parental rights in Florida. When a court appoints a guardian, it may limit or terminate the biological parents' rights to make decisions for the child. This typically occurs when the court finds that the parents are unable to provide proper care or if the child's safety is at risk. The guardian then assumes the responsibility for the child's welfare, as outlined in Fla. Stat. § 744.301.

What is the guardian assistance program in Florida?

The Guardian Assistance Program in Florida is designed to provide support and resources to guardians. It offers training, guidance, and information to help guardians fulfill their responsibilities effectively. This program aims to ensure that guardians can provide the best care for their wards while navigating the legal and emotional challenges that may arise. For specific details, consult local resources or legal professionals.