As an individual ages or becomes incapacitated, initiating the process for the proper type of guardianship becomes important to ensure their best interests are protected.
When you initially consider guardianship, you may quickly find yourself feeling overwhelmed. While the process can be complex, a guardianship attorney can explain the process and make each step manageable.
Guardians are court appointed surrogates who make personal or financial decisions in the best interest of their wards, the individuals who are the subject of guardianship. They are held to the highest standards under Florida law to act in the ward’s best interest and must file reports with the court as to their plan for care of the ward.
There are several reasons why people choose to begin the process to obtain guardianship for loved ones, including:
- If a person has become mentally incapacitated or incompetent and is no longer able to manage their affairs and/or make life decisions
- If a minor loses their parents
- If a minor’s parents are incapable of providing proper care for the minor and wish to appoint someone to fulfill that role
How a Guardianship Attorney Can Help You
Guardianship in Florida can be a highly complex process and often requires the help of an attorney. The following are several ways in which a guardianship attorney can assist you throughout the process.
Petitioning the Court
There are several steps involved in the process of obtaining guardianship, including petitioning a notice and order for the appointment of a guardian to the court, appointing an examining committee, and scheduling the proper court hearings. A guardianship attorney can help you through the petitioning process, complete necessary paperwork, and shepherd you through the process.
Drafting & Acquiring Documentation
Certain documentation will likely also be required throughout the process, including medical records or physicians’ reports. A guardianship attorney can help obtain the necessary documents and draft any associated letters needed.
Developing Guardianship Plans
The person or entity appointed to be a guardian will be required to complete an inventory of assets or property that will need to be managed and develop initial and annual guardianship plans. A guardianship attorney can help with these complex and often time-consuming tasks as well, ensuring they are completed in a timely manner and correctly.
Hiring a Florida Guardianship Attorney
There are several elements involved in obtaining legal guardianship in Florida, which you can learn more about in Chapter 744, Florida Statutes and Part III, Probate Rules, Florida Rules of Court, which details the relationships among the court, the ward, and the guardian.
At Apfelbaum law, we assist our clients with the following areas of guardianship law:
- Plenary guardianship
- Limited guardianship
- Guardian advocate
- Disability guardianship
- Minor guardianship
- Guardian of the property
- Guardian ad litem
- Developmental disability guardianship
Whether you in need of a guardianship attorney or you have questions about any other legal matter, contact our team at Apfelbaum Law to learn how we can best help you today.
