Both guardianships and conservatorships are legal arrangements that often occur contrary to someone’s wishes. Health concerns or mental health issues have left someone unable to safely and appropriately manage their own affairs, so their close family members or professional caregivers go to court to intervene for their protection.
However, there are people who recognize that they cannot manage their household or finances despite not suffering from a lack of mental capacity. Can these individuals ask for voluntary guardianships?
Florida does grant voluntary guardianships
Many people will simply continue struggling without honestly evaluating their own limitations, which is why involuntary guardianships exist. Not everyone fights tooth and nail to maintain their legal independence when they need help. Some people ask for help.
Someone who has a history of misusing financial resources or poorly managing their income may recognize that they need help to manage their lives. It takes a brave person to recognize their own shortcomings. They could request a voluntary guardianship that empowers someone they trust, like an immediate family member or a close friend, to oversee certain aspects of their life.
They may be able to terminate that guardianship later if they gain the competence or confidence necessary to handle their affairs without support. A voluntary guardianship can be beneficial for the person who needs help, but it can also strain the relationship between the parties involved if they were previously close.
Learning more about guardianships and elder law can help you show up for a loved one who has been struggling with independent living.