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Guardianships are meant to protect the interests of individuals who are not capable of doing so themselves. However, determining which people really are not able to make decisions for themselves may not be straightforward. Many cases in Florida and elsewhere may be subjective and will depend upon interpretation. There are many instances when the ward does not believe he or she requires a guardianship. This is the situation in a recent case involving a 28-year-old woman with Down syndrome.
The conflict began when the woman was hurt while riding her bicycle in an accident that involved a car in March. Since then, there has been plenty of debate regarding her healthcare and ability to make decisions on her own. The woman attempted to speak for herself during a court session in late August. However she was stopped from expressing herself, court transcripts reported.
After the woman burst out that she did not want a guardianship and did not need one, the court judge had her removed from the proceedings. The woman’s attorney claims that her civil rights are being violated by the forced guardianship. Her attorney is attempting to litigate in order to remove the woman from a group home. His aim is to obtain freedom for the woman to make decisions for herself. Prior to the accident, the woman was able to hold down a part-time job and live independently.
If a ward in Florida believes that he or she is unfairly being put under a guardianship, the ward is definitely in a difficult situation. It can be aggravating, since the person has legally been deemed incompetent and therefore does not have the legal right to make decisions for himself or herself. Therefore, the ward does not have the ability to ask to be removed from the guardianship. This may require the assistance of a legal professional in order to convince a court judge to remove the person from the guardianship.