- Children's guardians can be surviving parents, relatives or friends of the family.Mimi Haddon/Lifesize/Getty Images
The 18th Judicial Circuit Seminole County, Florida, defines a guardian as a person appointed by the court "to act on behalf of a ward's person, property, or both." That definition is limited to court-appointed guardianship. Biological parents, the mother and father, jointly are natural guardians of their own children, according to the Florida statutes. - In the event one parent dies, the surviving parent remains the sole natural guardian even if she decides to marry again. But if both parents are alive and the marriage is dissolved, the guardianship belongs to the parent who has been given custody. Where the custody is shared, both parents will continue to be guardians. Unless overturned by the courts, the mother in Florida has guardianship for any child born out of wedlock and is entitled to primary residential care and custody of the child. The natural guardian has authority to handle financial or personal property from an estate or trust on behalf of minor children.
- Courts can also grant guardianship in several ways, one of which is limited. This guardianship is used when a person does not have the full capacity to care for himself or his property or after the person voluntarily petitions the court for the appointment of a limited guardianship. When this happens, the court-appointed guardian only exercises the legal rights and power as specifically designated.
The court can also impose plenary guardianship, which gives the guardian more powers. This arrangement is granted when a person is unable to perform all of the tasks of caring for herself or property. The guardian will have delegable legal rights to function on behalf of the petitioner. - If a person is mentally incompetent in Florida, either because of age or physical infirmity, and needs help to manage property, he can petition the court to "establish voluntary guardianship of the property," according to the law. The petitioner must present a certificate from a physician confirming incompetence to manage his personal or business affairs. Then the court will appoint a guardian who will have authority to manage the petitioner's property. The guardian in his annual report to the court must include a certificate from a physician who examined the ward less than 90 days prior to filing.
- Any resident of Florida above the age of 18 can qualify to be a guardian. A person who lives out of the state qualifies for guardianship if he is related by blood, adoption or law to the patient. Unless the court can determine there is no conflict of interest, the ward's employer and any person who provides substantial professional or business service is excluded from guardianship. Felonies are also not allowed.
