Miami Estate Planning Lawyer

Probate is the legal process of administering a deceased person’s estate under the supervision of the Florida probate court. This process includes validating the decedent’s Last Will and Testament (if one exists), identifying and inventorying assets, notifying creditors, paying valid debts and taxes, and distributing the remaining assets to the rightful beneficiaries.

Guardianship is a legal process initiated through the court system. A guardianship is established when the court appoints an individual, known as the “guardian,” to make decisions on behalf of a “ward” — a person who has been declared legally incapacitated or unable to manage their own affairs. In Florida, a guardian may be granted authority over the ward’s personal, financial, legal, and medical-related matters, depending on the specifics of the case.

When a child with special needs turns eighteen, they are considered a legal adult in the eyes of the law, regardless of their cognitive or developmental abilities, which prompts significant changes for both the individual and their caregivers. A guardianship should be implemented to allow a family member or parent the legal authority to continue making decisions on behalf of the adult child, especially if the child lacks the capacity to make informed decisions independently due to their disability.

Additionally, the transition may entail applying for government benefits and services tailored to adults with disabilities. This transition to adulthood for a special needs child requires careful planning and support to facilitate a successful transition into independent adulthood.