Certain mental health conditions can impair a person’s normal functioning and cognitive abilities. Unable to protect themselves, they may require full-time care and someone else to manage their personal needs. In such cases, obtaining the guardianship of an incapacitated adult can empower you to make decisions on their behalf. If you or a loved one is struggling with mental health issues, contact Harmony Hills for personalized mental health treatment programs or assistance with mental health guardianship in Florida.
It can be difficult and painful to watch loved ones struggle with severe symptoms of mental health issues, such as schizophrenia or bipolar disorder. They may no longer be able to hold a job, pursue hobbies or even perform daily tasks. Obtaining the guardianship of an incapacitated adult in Florida is a complicated process. Still, it might be the best course of action to ensure that the person is safe and gets access to quality medical care. To learn more about guardianship rights and mental health services in Florida, call 855.494.0357 or contact us online.
Guardianship of an Incapacitated Adult in Florida
To obtain the guardianship of an incapacitated adult in Florida, one must file a petition in court with all the evidence to prove that the person is mentally ill and unable to care for themselves. The judge may order a three-person committee to investigate the matter and then declare the ruling based on the reports.
There are a few types of mental health guardianships:
- A limited guardianship, where the guardian has specific duties
- A plenary guardianship, where the guardian is responsible for the ward’s physical and personal needs and manages their property, finances, and assets on their behalf
- A temporary emergency guardianship for 90 days, which may be obtained even before a ruling is passed, if there is an imminent threat to the person’s physical or mental health
Understanding what type of mental health guardianship is needed is crucial, as it ensures that individuals receive the specific support and protection tailored to their unique circumstances. Consulting a mental health professional can provide valuable insights and guidance in making this important decision.
Signs a Mental Health Guardianship May Be Warranted
Recognizing when mental health guardianship is warranted can be a challenging yet crucial responsibility. It is important to stay vigilant for signs that indicate when a loved one may need extra support to manage their health and well-being.
Signs a mental health guardianship may be warranted include:
- Inability to make decisions – If the individual consistently struggles to make safe and rational decisions regarding their personal or financial matters, it may be a sign that assistance is needed.
- Persistent confusion – Frequent confusion or disorientation, where the person doesn’t recognize familiar places or people, could be a significant indicator.
- Neglect of personal care – A noticeable decline in personal hygiene, grooming, or the upkeep of their living environment suggests that they may be unable to care for themselves adequately.
- Memory loss – Severe and progressive memory loss that affects daily life can be a sign of deteriorating mental health, making guardianship a consideration.
- Risky behaviors – Engaging in risky behaviors, such as wandering away from home or mishandling medication, highlights the need for closer supervision.
- Financial mismanagement – The inability to manage finances effectively, leading to unpaid bills or exploitation by others, can indicate the need for a guardian’s intervention.
- Social withdrawal – A drastic decline in social interactions, paired with isolation and withdrawal, can be concerning and may necessitate guardianship.
Understanding and recognizing these signs can guide you in making informed and compassionate decisions regarding mental health guardianship for your loved one, ensuring they receive the support and care they need.
What Are Your Rights as a Guardian in Florida?
As part of the guardianship of an incapacitated adult in Florida, the court bestows the guardian with various rights so that they can make decisions on the ward’s behalf. Thus, the court takes away certain rights from the individual and appoints a capable guardian to make important decisions for them.
Typical guardianship rights in Florida include the following:
- Making suitable living arrangements for the ward
- Ensuring that the ward’s personal and social needs are met
- Arranging for the ward’s healthcare, including mental health treatment, use of prescription drugs, and committing the ward to a residential or locked facility (even if they object to the treatment)
- Managing the ward’s assets, including buying or selling of property, settling insurance claims, and making the right investments
The ward may no longer have their driving license or the right to travel, so the guardian then decides where they will live, how they will spend their time, and what kind of healthcare they will receive.
However, even in a permanent guardianship of an incapacitated adult in Florida, certain rights—such as the right to marry or the right to vote—cannot be delegated to the guardian.
Get Help and Support at Harmony Hills
At Harmony Hills, we are committed to helping people recover from their mental health issues and live fulfilling lives. We follow a phased approach to healing, beginning with detox and residential care and followed by building a core recovery vision that prioritizes the client’s physical health and emotional well-being. Our world-class facility in Florida, surrounded by acres of national forests, offers the ideal haven to recover and build effective coping skills. Call 855.494.0357 or connect with us online today for more information.
