Adult guardianship is a legal procedure in which a court determines that a person is incapable of making decisions because of severe disabilities, and that the person is in need of protection. The person may be too mentally confused or forgetful to make decisions about medical treatment or to obtain appropriate food and shelter.
As a special kind of asset, it passes automatically to the heir(s) under Florida law; however, the heirs may not have clear title. Without clear title, these heirs are unable to sell the home. Therefore, title companies will require an Order Determining Homestead prior to issuing a title policy.