FIGHT You become your own attorney, I did. the judge will want to see your fight. Who knows more bout everytging than you. Today I won guardianship of my mom she is only 60 and got stage 5 dimentia in one year, it was the hardest but most empowering thing I hav ever done it went on for 2 1'2 years 32 court appearance then the trial where I made myself the most educated person in the room. Tips for ya the regret of not fighting will haunt you till the day you die. Document everything call logs, pictures, save all emails, bank statements most important research every law, research everyone involved even judge. Court service center make a best friend there cause all documents you need there help. Have a plan tell the judge what u r goin do as guardian review and reserch every thing bout your loved ones disease and potential LTC facilitis, do reviews on all of them. This won't be easy there will be a lot of lies anintimidation and a lot of sadness, but never give up always remember your parent would have already been in the right for you. You got this and you have never experienced pride like this. Start the fight right now.
Thank you everyone for your answers. It is for my step mom who has been in an Alzheimer's unit for nearly 3 years now. My 90 year old Dad never got a POA on her before her massive mental decline. Now his health is suffering. I have his POA to help him, but his wife is on several things like their home and her insurance policies, which can not be changed or assigned for future funeral arrangements....Ugh! It's becoming a real mess and it's a darn shame families have to be so financially impacted. They don't have much, really.
I'd try very hard to see an attorney and get legal advice on this and/or retain legal help. There are so many things that a lay person cannot know, that could cause you to lose. And, I read on this site where people don't anticipate what is required and then they get to court and things don't go well.
I suggest that you start at these websites: www.flcourts.org/resources-and-services/family-courts/guardianship.stml
Florida State Courts System's Self-Help Center: www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/family-law-forms.stml {The Florida State Courts System's Self-Help Center is your online guide to help direct you through the court system. The role of the self-help center staff is to direct interested individuals to the self-help website where they can explore resources needed to represent themselves, access the courts, and other essential resources. Self-Help staff cannot provide legal interpretations or advice. The self-help website includes family law forms approved by the Florida Supreme Court. Additional resources include a directory of local self-help centers, web links to free and low cost legal aid, mediator search capabilities, and guardianship resources.}
Here is the manual for Guardianship in Florida: www.fddc.org/sites/default/files/file/publications/Guardianship%20Family%20Manual_0.pdf
You most likely will need a lawyer to assist you in processing the guardianship petition through the court system. Also, (I didn't read the manual), but many states appoint a "Attorney Ad Litem" to represent the incapacitated parent during this process.
You will need to pay for your lawyer(s) out of your own money and not your parent's money; and someone will need to pay your parent's lawyer(s) from the parent's money. I don't know how much it will cost in Florida, it cost our family over $10,000 to petition for guardianship & conservatorship and we didn't even have to go through the whole process. The lawyers decided that Mom (age 86) was not able to handle her own affairs and since I had lived with her for 9 years and was already paying her bills, that I should remain Mom's Durable POA and that there was no need for guardianship or conservatorship. My Dad got conservatorship of his Mother (my Grandmother) because she was cashing her Social Security checks and giving the cash to my cousins and not paying her utilities or farm-related bills.
You need to have a PAPER TRAIL!!!! So buy a large daily planner and write down EVERYTHING that you do and everyone that you talk to and what they said (especially your parent since you are trying to prove that they are incapacitated and unable to take care of themselves or their finances).
You should send everything by CERTIFIED MAIL with a request for "Signature Upon Delivery" card attached so that you have proof that you mailed a form or paper. Please note that once you become the Guardian, you will need to make annual (yearly) reports to ALL Interested Parties (such as the court, lawyers, your siblings, etc.). You CAN NOT mix your parent's money with your own money once you become guardian. You will need to keep a separate checking account and be very accurate as to how you spend your parent's money as that is part of the annual report.
You might find forms but you’d have to somehow get the person in question examined and tested by the right doc, have papers served, etc. I’m going through it now. It’s hard enough WITH a lawyer.
You should check a website for your county courts to see if anything is available. The courts here have nearly all of the forms on line as well as some videos on what it involves. Just remember that only an attorney can answer question on completing the forms unless you have a local law school that may have classes on the subject. Still most questions will need to be answered by an attorney.
www.flcourts.org/resources-and-services/family-courts/guardianship.stml
Florida State Courts System's Self-Help Center:
www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/family-law-forms.stml
{The Florida State Courts System's Self-Help Center is your online guide to help direct you through the court system. The role of the self-help center staff is to direct interested individuals to the self-help website where they can explore resources needed to represent themselves, access the courts, and other essential resources. Self-Help staff cannot provide legal interpretations or advice. The self-help website includes family law forms approved by the Florida Supreme Court. Additional resources include a directory of local self-help centers, web links to free and low cost legal aid, mediator search capabilities, and guardianship resources.}
Here is the manual for Guardianship in Florida:
www.fddc.org/sites/default/files/file/publications/Guardianship%20Family%20Manual_0.pdf
You most likely will need a lawyer to assist you in processing the guardianship petition through the court system. Also, (I didn't read the manual), but many states appoint a "Attorney Ad Litem" to represent the incapacitated parent during this process.
You will need to pay for your lawyer(s) out of your own money and not your parent's money; and someone will need to pay your parent's lawyer(s) from the parent's money. I don't know how much it will cost in Florida, it cost our family over $10,000 to petition for guardianship & conservatorship and we didn't even have to go through the whole process. The lawyers decided that Mom (age 86) was not able to handle her own affairs and since I had lived with her for 9 years and was already paying her bills, that I should remain Mom's Durable POA and that there was no need for guardianship or conservatorship. My Dad got conservatorship of his Mother (my Grandmother) because she was cashing her Social Security checks and giving the cash to my cousins and not paying her utilities or farm-related bills.
You need to have a PAPER TRAIL!!!! So buy a large daily planner and write down EVERYTHING that you do and everyone that you talk to and what they said (especially your parent since you are trying to prove that they are incapacitated and unable to take care of themselves or their finances).
You should send everything by CERTIFIED MAIL with a request for "Signature Upon Delivery" card attached so that you have proof that you mailed a form or paper. Please note that once you become the Guardian, you will need to make annual (yearly) reports to ALL Interested Parties (such as the court, lawyers, your siblings, etc.). You CAN NOT mix your parent's money with your own money once you become guardian. You will need to keep a separate checking account and be very accurate as to how you spend your parent's money as that is part of the annual report.
Hope that this information helps.