Guardianship
Guardianship of a Minor
A guardianship for a minor in Florida is typically needed when parents are unable to fulfill their parental responsibilities, either due to death, incapacity, or other circumstances that compromise the child’s well-being. It is important to create a proper estate plan during your lifetime so that you have a choice in who acts as guardian for your children. The need for guardianship may arise if the parents have not designated a guardian for their children in their wills, or if the designated guardian is unable or unwilling to assume the role. Additionally, situations where a minor inherits assets or receives a significant sum of money may necessitate the establishment of a guardianship to manage and protect the child’s financial interests. The court carefully evaluates the circumstances to determine whether guardianship is in the best interests of the child, considering factors such as parental incapacity, absence, or other conditions affecting the child’s safety and stability. Establishing a guardianship ensures that the child is cared for and that their legal and financial interests are properly managed by a responsible guardian.
Guardianship of the Person for an Adult
Guardianship of the person for an adult in Florida becomes necessary when an individual is deemed incapacitated and unable to make personal and healthcare decisions independently. This process involves a court-appointed guardian who assumes the responsibility of making decisions regarding the adult’s daily life, medical treatment, and general well-being. The court carefully reviews evidence to determine the extent of the individual’s incapacity and assesses whether guardianship is the most suitable option. The appointed guardian is entrusted with safeguarding the adult’s interests, ensuring they receive proper care, and making decisions aligned with their best interests. Regular court oversight helps maintain accountability and ensures that the guardian fulfills their duties responsibly. Establishing guardianship for an adult is a legal mechanism designed to protect individuals who cannot make crucial decisions due to incapacity, promoting their safety and quality of life.
Guardian Advocacy
Guardian advocacy in Florida is a legal process designed to address the needs of individuals with developmental disabilities who are unable to make certain decisions for themselves. This alternative to traditional guardianship allows family members or friends to become advocates for individuals with developmental disabilities, providing support and assistance without the need for a traditional guardianship. Guardian advocates may be appointed by the court to make decisions related to the person’s health, education, and general welfare. The process emphasizes the individual’s autonomy and aims to tailor the level of support to their specific needs. Guardian advocacy is a valuable tool for ensuring that individuals with developmental disabilities receive the assistance they require while respecting their rights and promoting their independence to the greatest extent possible within the framework of Florida law.
Plenary Guardianship Versus Limited Guardianship
In Florida, plenary guardianship and limited guardianship represent two distinct levels of authority granted to guardians over an incapacitated individual. Plenary guardianship provides the guardian with full authority to make both personal and financial decisions on behalf of the ward. This is typically considered when the ward is deemed entirely incapacitated and unable to make any decisions independently. On the other hand, limited guardianship is more tailored, granting the guardian specific powers while allowing the ward to retain certain rights and decision-making abilities. Limited guardianship is preferable when the incapacitated individual can still participate in some aspects of decision-making. The court determines the appropriate level of guardianship based on a thorough evaluation of the individual’s capacity, however, it is important to seek legal counsel before attending a guardianship court hearing.
Our Guardianship Process
1.
Initial
Consultation
Schedule free consultation by calling our office or using the schedule button above.
2.
Gather
Information
Meet via online meeting, phone call or in person to discuss your legal need and to prepare a legal strategy with attorney.
We will discuss type of adult incapacity or type of asset inherited by a minor child.
3.
Court
Documents
Filed
Necessary documents are filed with the Court, and proposed guardian is identified.
Medical exam will take place for incapacity of an adult and/or financial statements produced for inherited asset of minor child.
4.
Court
Hearing
Court hearing will be scheduled.
Client, incapacitated person, attorney and proposed guardian will appear via Zoom to discuss with a judge.
The court will make a determination and issue a court order.
5.
Annual
Reports
Once guardianship is established, attorney will assist with the annual reports, including inventory, accountings, and plan for the person.
(727) 487-9455