Legal Question in Family Law in Florida
My 26-year-old son is autistic, non-verbal, of extremely limited mental capacity, and has been adjudged an incompetent adult for whom I have been granted plenary guardianship. The auditors of the group home where he lives insist the law states he must sign his own documents (behavioral plans, emergency instructions understanding, etc.). My son has no understanding of what documents are placed in front of him and would just as readily write his name on a confession to the assassination of JFK. Does Florida law actually require him to sign legal documents?
5 Answers from Attorneys
You need to address your question to an attorney who handles Guardianships, not Family Law.
By plenary guardianship, I assume you mean you have guardianship of the person and property. Common sense, if nothing else, should tell everyone that your son should not be signing anything. You should address your question to an attorney who handles guardianships. Also, without trying to cast any clouds on whomever may have drafted the present guardianship, you might want to consider having a different attorney review the guardianship for any loopholes that the auditors might think are present. Good luck.
Plenary Guardianship THROUGH THE COURT gives you guardianship over the person and the property. Therefore nothing should be presented to your son to sign. All documents and requirements should be given to you. Did you go through a court of law for the guardianship?
The whole reason you are the guardian is so that you can sign and do things on behalf of the ward.
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