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When a person has been adjudicated incompetent by a mental health professional or ruled incompetent by the Court, a Guardianship may become necessary. The proposed Guardian must petition the Court for guardianship of the incompetent person.  


Once the Court appoints a Guardian, he or she may supervise and make specific decisions on behalf of the Ward. The guardianship may end if the Ward (i) is no longer incompetent, or (ii) reaches the age of majority. 


A Guardian of the Person may make the following decisions on behalf of the Ward:

  • Selection of the place of residence

  • Visitation

  • Medical care

  • Socialization

  • Travel arrangements


This type of guardianship is invasive because the Guardian oversees practically every aspect of the Ward's personal life.  Additionally, this type of guardianship is time-consuming because the Guardian of the Person is required to file an Annual Report with the Court each year. The Annual Report keeps the Court updated about the Ward's health and everyday activities. 


If you (or someone you know) need Guardianship of a Person, please contact Kimberly M. Soto at 321.972.2279 so she can further advise you. 

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