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Guardianship is the process designed to protect and exercise the legal rights of individuals who lack the capacity to make their own decisions and did not have plans in place to address this possibility. This may require a court-appointed guardian.A guardian may be an individual or corporation appointed by the court to manage some or all the affairs of the individual. Before this is established, the court must determine that the individual lacks the capacity to make decisions (personal or financial)To determine incapacity the court appoints an examining committe consisting of three members. An attorney is also appointed to represent the alleged incapacitated person. Based on these reports, the court determines whether the individual is totally or partially incapacitated.Public guardianship is for the incapacitated person who lacks a willing and qualified family member or friend to be their guardian and are of very limited financial means. The public guardian is funded by donations and by the State of Florida to act as pro-bono guardian for the incapacitated person of very limited means.Guardianship can be avoided if a Living Will and a Durable Power of Attorney and a Health Care Surrogate was executed while the adult was capacitated.The Public Guardianship program of Broward County works under the auspices of Barry University's School of Social Work.