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Guardianship

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Can you please explain why guardianship is necessary, what procedures are involved and why these are important and discuss any abuses or problem areas you see within this area.

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This solution explains why guardianship is necessary, what procedures are involved and why these are important. It also discusses any abuses or problem areas within this area. Supplemented with one article on guardianship.

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1. "Can you please explain why guardianship is necessary..."
Guardianship is the process by which a court finds a person's ability to make decisions so impaired because of mental and/or physical disabilities, that the right to make decisions is legally granted to another party. That party, known as a guardian, becomes the surrogate decision-maker in personal and/or financial matters for the incapacitated person (http://www.flcourts.org/gen_public/guardian/index.shtml). However, the rules and procedures governing an action for guardianship of an incompetent or for the appointment of a conservator vary by state please select the state that you want further information on (http://www.dsausa.net/nav_guardianship.htm).

Let's look at the Florida Courts as an example. When the courts remove an individual's rights to conduct their own affairs, there is an accompanying duty to protect the individual. Guardianship monitoring is a mechanism Florida Courts can use to review a guardian's activities, assess the well-being of the ward, and protect the ward's assets.

The mission of guardianship monitoring is to collect, provide, and evaluate information about the well-being and property of all persons adjudicated of having a legal incapacity so that the court can fulfill its legal obligation to protect and preserve the interests of the ward, and thereby promote confidence in the judicial process.

On September 1, 1999, Chief Justice Major B. Harding charged the Supreme Court Commission on Fairness with investigating and reporting on various models for ...

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