Legal Question in Family Law in Florida
Guardianship of Mother (Mentally Ill)
My brother and I are trying to figure out the best course of action for my mother, she is divorced and on her own living in a group home. She becomes mentally unstable when she refuses her meds (which is her right). She has left the group home several times this month, sending out law enforcement to find her. Need to know what we can do to get guardianship, brother was told would cost him $3000.00. She is becoming a danger to herself and to the staff in the group home. She has been in and out of the state mental institution since 1975 approx. She does not have an estate or any belongings to speak of, not that type of issue. Need to be able to step in and get her help when the signs and symptoms are obvious. Any help you can provide would be appreciated.
1 Answer from Attorneys
Re: Guardianship of Mother (Mentally Ill)
Based on information provided, under Florida law an interested person can petition the court to determine that your mother is incapacitated, appointing a guardian of the person and property to manage her affairs, including health care decisions. Regarding the costs of legal representation, there are various factors determining the process and legal costs. There may be an organization in your county which can advise you regarding legal services; you may receive assistance from the Dept. of Children and Families, etc.; if your mother is alert and stable except when she has medication issues, she may be able to voluntarily submit to a guardianship. Advice: consult with an attorney who handles guardianships or consult with specialists in such matters with DCFS or the psychiatrist or other specialist treating your mother regarding options, recommendaions.
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