Over the past few weeks, many news sources have been reporting on the dissolution of the conservatorship over pop star Britney Spears, which had been going on for almost 14 years since she was 26. Now, right before she turned 40, Britney was successful in convincing a probate court to dissolve the conservatorship, which removes her father’s “abusive” control over the finances and life.
While California refers to Britney’s former situation as a “conservatorship,” this is known as an adult guardianship in Florida (a conservatorship is a different scenario). An adult guardianship might occur when an adult becomes incapacitated, and the probate court must appoint someone to act as a decision-maker for their affairs.
In order to appoint a guardian, the court must find that the adult is not able to make their own independent decisions regarding their financial affairs, personal care, or medical treatment. The court will review medical information regarding the adult’s mental condition – whether impairment occurred due to an incapacitating injury, mental illness, dementia, or another type of cognitive impairment. The adult in question has the ability to defend against a guardianship and present evidence that they have the capacity to independently make decisions and handle their affairs.
If a guardianship is granted, the court will appoint someone – possibly a family member, professional guardian, or public guardian – to take over decision-making for the ward. There will be specific duties and responsibilities set out, as well as limitations of authority and power on the part of the guardian to prevent abuse.
If you believe a loved one needs a guardian or you want to fight against a pending or existing guardianship, look no further than the St. Augustine guardianship lawyers at Naples & Spence, Attorneys at Law. Contact us to discuss your situation and how we can help today.
