When a loved one begins to experience difficulty managing their personal, medical, or financial decisions, guardianship is often the first option that comes to mind. Before heading down that path, it’s important to explore alternatives that may still provide the support and protection your loved one needs.

Here are several common alternatives to guardianship:

1. Guardian Advocate for Developmentally Disabled Adults

In certain cases, Florida law allows for the appointment of a guardian advocate for adults with developmental disabilities. This process is often simpler than full guardianship and is used when the individual lacks decision-making capacity but may still be able to do some things independently. A guardian advocate helps make decisions in specific areas without removing all rights from the person.

2. Advance Directives

Advance directives are legal documents prepared in advance that give someone else the authority to make decisions if the individual becomes unable to do so. These can include:

• Health care directives (like a living will or health care surrogate designation)
• Financial directives (such as a durable power of attorney)

If these documents are in place and clearly outline who can act on behalf of the individual, guardianship may not be needed. The key is that these must be signed before the person becomes incapacitated.

3. Power of Attorney (POA)

A Power of Attorney allows one person (the principal) to appoint another (the agent) to make legal, financial, and sometimes medical decisions on their behalf. POAs can be broad or limited and are effective only while the principal has the capacity to grant them. However, a durable POA remains valid even after the principal becomes incapacitated, making it a strong alternative to guardianship.

4. Representative Payee

For individuals who receive government benefits like Social Security, a Representative Payee can be appointed to manage those funds. The Social Security Administration oversees this process, and the payee may be a family member, trusted friend, guardian, or someone with POA. This option is limited to managing Social Security income but can help avoid the need for full guardianship if financial decision-making is the main concern.

5. Medical Proxy

If no formal documents are in place and a person becomes unable to make medical decisions, Florida law allows for a medical proxy to step in. This person is typically a close family member or friend who is authorized to make health care decisions, such as approving or refusing treatment, on behalf of the incapacitated individual.

Need Help Exploring Your Options?

Call Florida Rural Legal Services at 1-888-582-3410 to see if you qualify for free legal services.