A "guardian" is a person that in reality can be an individual or bank trust department appointed by a circuit court to care for an incompetent person - called a "ward" - or for his or her assets.

There are generally two types of guardians. The "Guardian of the Person" is responsible for making personal decisions for the ward such as where he or she will live, and arranging for medical care. The "Guardian of the Property" is responsible for managing all the finances and assets of the ward. The same person may be appointed both guardian of the person and guardian of the property.

A person must be declared incompetent by the court before a guardian can be appointed. Incompetence may be based on a person's youth, mental illness, mental retardation, senility, excessive use of drugs or alcohol, or other physical or mental incapacity. The proposed ward must be incapable of either managing his or her property or caring for himself, or both.

Any adult resident of Florida can be appointed as a guardian unless they have been convicted of a felony or are incapable of discharging the duties of a guardian. A bank trust department may be appointed only as the guardian of an incompetent's property. Guardianship is established by filing a petition for determination of competency and a petition for appointment of a guardian in the Circuit Court. The guardian must be represented by an attorney who will serve as "attorney of record" if the guardian is appointed.

A guardian of the person or property should not be confused with a guardian ad litem. A guardian of the person or property is appointed to manage all the affairs of an individual. A guardian ad litem is appointed for a minor or incompetent to represent their interest in litigation. For instance, in child abuse cases a guardian ad litem is appointed to represent the child.

A guardianship is not considered permanent inasmuch as the law provides several ways that a ward can be declared legally competent when he or she is again capable. However, during the time the guardian is appointed he or she is accountable to the court which does require the filing of an annual report on the ward's health and accounting of assets. The court may impose specific requirements also.

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