The call usually comes on a Tuesday afternoon. Or a Sunday night from the ER.

“Mom forgot to take her medication again.” “Dad is giving money to strangers on the phone.” “The bank froze her account because she couldn’t answer the security questions.”

And then the question that stops everything: “Does she have a power of attorney?”

No. She does not. She never got around to it. And now, with a dementia diagnosis, she cannot sign one.

If you are reading this, there is a good chance this is your family right now. You are not alone. Thousands of Florida families face this exact situation every year. And while it is harder than it would have been with a power of attorney in place, there is a clear legal path forward.

That path is guardianship.

Why a Power of Attorney No Longer Works

A power of attorney is a legal document that one person signs voluntarily while they are mentally competent, giving another person authority to act on their behalf. The critical word is “competent.”

If your parent has been diagnosed with Alzheimer’s disease, vascular dementia, Lewy body dementia, or another form of cognitive decline that impairs their ability to understand what they are signing, they cannot legally execute a power of attorney. Any power of attorney signed after the onset of incapacity is voidable and may be challenged.

This is exactly why estate planning attorneys urge families to put these documents in place early. But if that window has closed, the court system provides a solution.

What Guardianship Does That Nothing Else Can

Guardianship is a court-supervised process that gives a family member (or a professional guardian) the legal authority to make decisions on behalf of someone who has been found incapacitated by a judge.

For families dealing with a parent’s dementia, guardianship allows you to:

• • Make medical decisions, including approving or declining treatments, surgeries, and care plans
• • Manage financial affairs: bank accounts, investments, paying bills, filing taxes
• • Choose where your parent lives, including placement in a memory care facility
• • Protect your parent from financial exploitation, scams, and undue influence
• • Access medical records and communicate with healthcare providers
• • Apply for Medicaid, VA benefits, or other government programs on their behalf
•  

Without guardianship, you have no legal authority to do any of these things, even if you are the only child, even if your parent verbally asked you to help.

The Florida Guardianship Process for a Parent With Dementia

Florida’s guardianship process is governed by Chapter 744 of the Florida Statutes. The process involves several steps, each designed to protect the rights of the person alleged to be incapacitated.

The petition. Any adult can file a Petition to Determine Incapacity with the circuit court in the county where your parent resides. The petition must describe why you believe your parent is incapacitated, what rights they can no longer exercise, and what level of guardianship is needed.

Court-appointed attorney. The court will appoint an attorney to represent your parent’s interests. This is required by law, regardless of whether your parent has their own attorney. The purpose is to ensure your parent’s rights are protected throughout the process.

The examining committee. A three-member committee evaluates your parent. Their report determines which specific rights your parent can no longer exercise. This is what allows a Florida court to tailor the guardianship to your parent’s actual needs, rather than removing all of their rights when that may not be necessary.

The hearing. A judge reviews the committee’s findings and holds a hearing. If the court determines that your parent is incapacitated and that guardianship is the least restrictive alternative, a guardian is appointed.

Appointment and ongoing duties. Once appointed, the guardian must file an initial guardianship plan, a verified inventory of the ward’s assets, and comply with annual reporting and accounting requirements.

Limited vs. Plenary: The Court Protects Your Parent’s Dignity

Florida law requires the court to impose the least restrictive form of guardianship. If your parent has moderate dementia but can still make some decisions, such as choosing what to eat or where to go during the day, the court may appoint a limited guardian. This means you have authority over specific areas (finances, medical) while your parent retains other rights.

If your parent’s dementia is advanced and they cannot exercise any delegable rights, the court may appoint a plenary guardian, giving you authority over all personal and financial decisions.

The goal is not to strip your parent of their autonomy. The goal is to protect them where they need protection, while preserving as much independence as possible.