QUESTION

Does the spouse of a person that is deemed mentally imcopetant automatically become the persons guardian in the state of florida?

Asked on Nov 28th, 2011 on Guardianship and Conservatorship - Florida
More details to this question:
My girlfriends mom was deemed incompedent, she is married but the husband is not helping, he thinks he doesn''t have the right to put her in an assisted living facility.
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1 ANSWER

Estate Planning Attorney serving DeLand, FL
4 Awards
Guardianship is a process with many steps. Who is appointed guardian depends on the situation, and what is in the best interest of the incapacitated person. The spouse is not an "automatic" choice for guardian. For example, it is possible that if adult children or other relatives contest the appointment of the spouse, that there would be a hearing on the appointment of the spouse as guardian. If you feel your spouse is incapacitated, seek out an elder law attorney to help guide you through the guardianship process.
Answered on Nov 30th, 2011 at 9:56 AM

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