Plenary Guardianship in Pembroke Pines
Plenary guardianship (full guardianship) gives you complete legal authority over all personal and financial decisions for an adult who cannot make any decisions independently due to severe incapacity. At Carol L. Grant, P.A., we help families across Pembroke Pines, Fort Lauderdale, Miami, and surrounding areas establish plenary guardianships that provide the highest level of protection for adults with profound disabilities, advanced dementia, or total incapacity who need someone to manage every aspect of their lives.
When a loved one loses all ability to make decisions, whether from severe Alzheimer's disease, traumatic brain injury, profound developmental disabilities, or other complete incapacity, they need full-time protection and decision-making support. Plenary guardianship is Florida's most comprehensive guardianship option, granting the guardian authority over healthcare, living arrangements, finances, legal matters, and all daily decisions. Unlike limited guardianship, which preserves some rights for the incapacitated person, plenary guardianship recognizes that your loved one cannot safely exercise any decision-making rights and needs complete protection. Carol Grant has decades of experience helping families in Broward and Miami-Dade Counties navigate this court process with compassionate guidance. Call (954) 404-8274 to schedule your free consultation and learn how plenary guardianship can protect your loved one.
Who Needs Plenary Guardianship in Pembroke Pines?
You need plenary guardianship when an adult has lost all capacity to make decisions and requires complete decision-making support across every area of life. This level of guardianship applies to adults with advanced Alzheimer's or dementia who cannot recognize family members or understand basic questions, individuals with severe traumatic brain injuries who remain in vegetative or minimally conscious states, adults with profound intellectual disabilities who function at an early childhood level, or people with severe mental illness combined with cognitive impairment who cannot manage any aspect of their lives. Families across Pembroke Pines, Davie, Cooper City, and Miramar seek plenary guardianship when their loved one needs 24-hour supervision, cannot communicate their needs or wishes, poses a danger to themselves without constant oversight, and has no realistic possibility of regaining decision-making capacity. If your loved one requires total care and you need authority over every decision affecting their life, plenary guardianship provides that comprehensive legal power.
What to Expect When Working With Us
Plenary guardianship in Florida requires proving to the court that the person is completely incapacitated and cannot exercise any rights independently. The process protects the person's rights while giving you the authority needed to care for them fully.
Comprehensive Evaluation and Documentation
We begin by reviewing your loved one's medical records, cognitive assessments, and care needs to document their complete incapacity. You'll need clear evidence from doctors and specialists showing they cannot make any decisions safely. We help you gather this documentation to present a strong case to the court.
Filing the Plenary Guardianship Petition
We prepare and file a petition requesting plenary guardianship and explaining why your loved one needs complete decision-making support. The petition details their incapacity, describes their current care situation, and identifies you as the proposed guardian. The court appoints an examining committee to conduct independent evaluations.
Examining Committee Assessment
Three professionals, typically a physician, psychiatrist, and psychologist, evaluate your loved one to determine if they truly lack all decision-making capacity. Their reports go to the judge and must support plenary guardianship rather than a less restrictive alternative. We coordinate this process and ensure evaluations happen promptly.
Court Hearing and Adjudication
The judge reviews the examining committee reports and may hold a hearing where you present evidence of your loved one's complete incapacity. The court must find clear and convincing evidence that plenary guardianship is necessary because no less restrictive alternative would adequately protect them. We represent you throughout this hearing and advocate for the guardianship your loved one needs.
Appointment and Ongoing Management
Once appointed as plenary guardian, you file an initial care plan and inventory of your loved one's assets. You make all decisions about their healthcare, living arrangements, finances, and daily life. Annual reports to the court document how you've managed their care and money, ensuring ongoing oversight and accountability.
What Are the Benefits of Plenary Guardianship
Complete Decision-Making Authority
Plenary guardianship gives you full legal power to make every decision affecting your loved one's life without needing their consent or anyone else's permission. You choose where they live, what medical treatments they receive, how their money is spent, and every detail of their daily care. This comprehensive authority eliminates the frustration of being blocked from acting in their best interest because you lack legal standing. Healthcare providers, financial institutions, and care facilities all recognize your authority to act on your loved one's behalf. You can admit them to memory care, consent to surgery, sell their home to pay for care, and handle all legal and financial matters without limitation.
Protection from Exploitation and Abuse
Adults with total incapacity are extremely vulnerable to financial exploitation, physical abuse, and neglect by strangers, dishonest caregivers, or even family members. Plenary guardianship gives you the legal authority to protect them from these dangers completely. You control all their assets and can prevent unauthorized access to their bank accounts, stop suspicious financial transactions, and remove them from harmful situations immediately. The court's oversight through annual reporting provides an additional layer of protection that ensures their money is spent properly and their care meets appropriate standards. This safeguards your loved one from predators who target vulnerable adults.
Simplified Healthcare and Long-Term Care Decisions
When someone has complete incapacity, getting them proper medical care and safe living arrangements can be nearly impossible without guardianship. Plenary guardianship removes all barriers to accessing the care they need. You can place them in nursing homes, memory care units, or specialized facilities without their consent. You can authorize life-saving treatments, end-of-life care decisions, and experimental therapies without delay. Healthcare providers will share all medical information with you and follow your instructions. This authority becomes especially important when your loved one needs immediate medical intervention but cannot understand or consent to treatment.
Financial Management and Asset Preservation
As plenary guardian, you manage all of your loved one's finances, property, and assets with court supervision. You pay their bills, file their taxes, manage their investments, and make decisions about selling property or spending down assets for Medicaid eligibility. This comprehensive financial authority lets you plan for their long-term care needs, protect their home and belongings, and ensure their money lasts as long as possible. The court reviews your financial management through annual accountings, which protects both your loved one from mismanagement and you from false accusations by other family members. You can also work with estate planning attorneys to coordinate guardianship with existing trusts or estate plans.
Peace of Mind for Families
When a loved one has total incapacity, family members often feel helpless watching them decline without clear authority to intervene. Plenary guardianship removes this uncertainty and gives you definitive legal power to act. You no longer worry about whether you have the right to make decisions or whether someone might challenge your authority. The court has determined that your loved one needs complete protection and has given you the legal tools to provide it. This brings relief not just to you, but to other family members who may have been struggling with the same fears about your loved one's safety and wellbeing.
Frequently Asked Questions About Plenary Guardianship
What's the difference between plenary and limited guardianship?
Plenary guardianship grants complete authority over all aspects of the incapacitated person's life, while limited guardianship gives the guardian power over only specific areas where the person lacks capacity. Florida law requires courts to use the least restrictive form of guardianship that adequately protects the person. Limited guardianship is appropriate when someone can still make some decisions safely, for example, they might need help managing money but can still decide where to live and what medical care to receive. Plenary guardianship is reserved for people with such severe incapacity that they cannot make any decisions independently and need complete protection. The examining committee and judge must find clear evidence that the person lacks all decision-making ability before granting plenary guardianship.
How do I prove someone needs plenary guardianship?
You prove the need for plenary guardianship through medical evidence, expert evaluations, and testimony showing the person cannot make any decisions safely. The examining committee, three professionals appointed by the court, conducts independent assessments of the person's cognitive abilities, judgment, and capacity to understand information or make informed choices. Their reports must document severe, pervasive deficits across all areas of functioning. Medical records showing diagnoses like advanced dementia, severe brain damage, or profound intellectual disability support your case. The standard is "clear and convincing evidence," which is higher than the standard for limited guardianship. Having an experienced guardianship attorney helps you present the strongest possible case with proper documentation and expert testimony.
Can plenary guardianship ever be reduced to limited guardianship?
Yes, if the incapacitated person's condition improves and they regain some decision-making ability, the guardianship can be modified to limited guardianship. The person, their attorney, family members, or even the guardian can petition the court to restore some rights if evidence shows they've recovered capacity in certain areas. For example, someone who suffered a traumatic brain injury might regain enough cognitive function over time to manage their own healthcare decisions even if they still need help with finances. The court requires medical evidence and new evaluations showing the improvement in capacity. However, for most people under plenary guardianship, those with progressive conditions like Alzheimer's or permanent disabilities, capacity does not return, and the guardianship remains plenary until they pass away.
What are my responsibilities as plenary guardian?
As plenary guardian, you're responsible for making all decisions about the incapacitated person's personal care and finances while maintaining detailed records of your actions. You must visit them regularly, ensure they receive proper medical care and safe living arrangements, manage their money responsibly, pay their bills, file their taxes, and make decisions that serve their best interest. You file an initial care plan and inventory within 60 days of appointment, then submit annual reports to the court documenting their health status, living situation, and how you've managed their finances. You must get court approval for major decisions like selling their home, making large gifts, or changing their estate plan. The court monitors your performance, and you can be removed if you fail to meet your duties or act against the person's best interest.
How much does plenary guardianship cost?
Plenary guardianship typically costs between $4,000 and $8,000 for uncontested cases, covering attorney fees, court filing fees, and examining committee costs. The higher cost compared to limited guardianship reflects the additional evidence required and the more detailed court proceedings. Contested cases where family members disagree about the need for plenary guardianship or who should serve cost significantly more due to additional hearings and legal work. Annual reporting may have ongoing fees for attorney assistance with accountings and compliance. During your free consultation, we review your situation and provide a clear fee quote. In many cases, the costs can be paid from the incapacitated person's assets if the court approves.
Can family members object to plenary guardianship?
Yes, family members can object to either the establishment of plenary guardianship or to who is appointed as guardian. Common objections include arguing that limited guardianship would be sufficient, claiming the person still has some decision-making capacity, or disputing who should serve as guardian. The court takes these objections seriously and may hold additional hearings to resolve disputes. If family members believe plenary guardianship is too restrictive, they must present evidence showing the person retains some decision-making abilities. These contested proceedings take longer and cost more than uncontested cases. Having experienced legal representation helps you address objections effectively and demonstrate why plenary guardianship serves your loved one's best interest.
What happens if the incapacitated person objects to the guardianship?
People who truly need plenary guardianship typically lack the capacity to meaningfully object or understand the proceedings. However, Florida law requires the court to appoint an attorney to represent the alleged incapacitated person's interests. This attorney can argue against plenary guardianship if they believe their client retains some capacity or that a less restrictive alternative would be appropriate. The person has the right to attend the hearing, and the judge considers their wishes if they can express them. But if the examining committee reports and medical evidence clearly show complete incapacity, the court grants plenary guardianship regardless of the person's objection because they lack the ability to make informed decisions about their own protection.
How is plenary guardianship different from power of attorney?
Power of attorney is a document someone creates while they still have capacity, giving another person authority to make decisions on their behalf. Plenary guardianship is a court-ordered arrangement established when someone lacks all capacity and cannot create valid legal documents. Power of attorney can be revoked at any time by the person who created it, but plenary guardianship can only be modified or terminated by court order. Power of attorney documents often have limitations on what the agent can do, but plenary guardianship grants complete authority over all decisions. If someone already has dementia or lacks capacity, they cannot sign a valid power of attorney, at that point, plenary guardianship becomes the only option to establish decision-making authority.
Areas We Serve for Plenary Guardianship
Carol L. Grant, P.A. provides plenary guardianship services throughout Broward and Miami-Dade Counties. We help families in Pembroke Pines, Fort Lauderdale, Miami, Davie, Cooper City, Miramar, Hollywood, and Weston establish comprehensive guardianships for loved ones with complete incapacity. Whether your family member has advanced dementia, severe developmental disabilities, or total incapacity from injury or illness, we guide you through Florida's guardianship process with compassionate legal support. Our Pembroke Pines office serves families across South Florida who need the highest level of legal protection for vulnerable adults..
Other Guardianship Services We Provide
- Adult Guardianship
- Minor Guardianship
- Guardian Advocacy
- Emergency Guardianship
- Limited Guardianship
Schedule Your Guardianship Discovery Call Today
When a loved one has lost all capacity to make decisions, they need complete protection that only plenary guardianship can provide. Carol L. Grant, P.A. has spent decades helping families in Pembroke Pines and throughout South Florida establish plenary guardianships that give caregivers the comprehensive authority they need to protect vulnerable adults. We handle the complex legal process with compassion and experience, so you can focus on caring for your loved one. Your initial consultation is free, and we'll review your situation, explain what plenary guardianship involves, and help you understand whether this level of protection is right for your family. Don't wait until a crisis puts your loved one at risk, call (954) 404-8274 today to schedule your consultation and take the first step toward complete legal protection.