Guardianship Attorney in Miami, Florida

The Florida court system believes that people should have autonomy over their decisions. However, sometimes, certain individuals are unable to make choices on their own. When a loved one can no longer make critical decisions about their health, finances, or personal care, guardianship can be a valuable tool to ensure their safety and well-being.

At Denise Jomarron Legal Group, we understand that pursuing guardianship can often be an overwhelming process. Under Florida law, there is a specific process for establishing guardianship, which includes determining the individual's incapacity and attending a court hearing to identify which rights and decisions should be delegated to a guardian.

Located in Miami, Florida, we serve clients throughout Miami-Dade County. Turn to an experienced guardianship attorney who can help you establish a guardianship and represent you as a guardian. Contact us to schedule a free 20-minute consultation.

Types of Guardianship in Florida

Florida law recognizes several distinct types of guardianship arrangements, and each is tailored to the specific needs and circumstances of the incapacitated person. Some of the primary types of guardianships that can be granted for adults include the following.

Plenary Guardianship

This comprehensive form of guardianship grants the guardian authority over all aspects of the ward's personal and financial decisions. Plenary guardianship is typically pursued when the ward faces severe cognitive impairment or developmental disabilities that affect all areas of functioning. The guardian assumes responsibility for healthcare decisions, living arrangements, financial management, and other critical life choices.

Limited Guardianship

Florida strongly favors limited guardianship whenever possible, as it preserves the ward's autonomy in areas where they retain capacity. At Denise Jomarron Legal Group, we work closely with medical professionals and the court to identify specific areas where guardianship is needed while allowing the ward to maintain control over other aspects of their life. This approach respects the ward's dignity and promotes their continued independence.

Emergency Temporary Guardianship

When immediate action is necessary to protect someone from imminent harm, you can petition for emergency temporary guardianship. This expedited process provides swift protection while the court reviews the need for permanent guardianship. Emergency guardianship can typically be pursued in cases involving financial exploitation, unsafe living conditions, or emergency medical decisions.

Guardian Advocacy

Guardian advocacy is a form of guardianship specifically designed for individuals with developmental disabilities. This type of guardianship allows parents or caregivers to make decisions on behalf of their adult child, while still respecting the adult's rights and promoting their independence as much as possible. The process for establishing guardian advocacy varies by state, but typically involves submitting a petition to the court and providing evidence that the individual has a developmental disability.

Pre-Need Guardianship

This is a legal arrangement where an individual chooses and appoints a guardian to take care of their affairs in the event that they become incapacitated or unable to make decisions for themselves in the future. Similar to a power of attorney, this allows individuals to have control over who will make important decisions on their behalf if they are no longer able to do so.

Minor Guardianship

Minor guardianship allows an adult to take care of and make decisions on behalf of a minor. This may occur when the parents of the child are unable to fulfill their parental duties due to various reasons such as incapacity, death, or abandonment. The responsibilities of a minor guardian include providing essential needs such as food, shelter, education, and medical care for the child, as well as decisions related to healthcare, education, and religion.

The Florida Guardianship Process

Establishing guardianship in Florida requires careful adherence to statutory procedures and court rules. You will initially need to file a comprehensive petition that details the proposed ward's incapacity and the specific powers sought for the guardian. At Denise Jomarron Legal Group, our experience with local court procedures can help set you up for success and make sure that all documentation meets Florida state requirements.

Medical Evaluation and Expert Testimony

Florida law mandates that a court-appointed examining committee, typically consisting of three members including at least one physician, evaluate the alleged incapacitated person. These professionals will examine the specific circumstances requiring guardianship intervention, and when necessary, consult medical experts to provide testimony supporting the ward's position.

Court Hearings and Legal Representation

The Miami-Dade Circuit Court requires formal hearings for all guardianship proceedings. Your attorney will prepare you for these hearings, explain what to expect, and make sure all necessary evidence is presented effectively. At Denise Jomarron Legal Group, our familiarity with local judges and their preferences helps us present compelling cases to pursue favorable outcomes for our clients.

Ongoing Guardianship Administration

Guardianship doesn't end with the court's initial appointment. Florida law requires annual reports, accountings, and court supervision to make sure guardians fulfill their duties properly. Our attorney can assist you with meeting these ongoing obligations, helping you adhere to the reporting requirements and maintain compliance with all court orders.

Florida Guardianship Law Specifics

Florida Statutes Chapter 744 governs guardianship proceedings throughout the state and establishes comprehensive procedures to protect individuals who lack the capacity to make informed decisions about their welfare. The Probate Division of the Circuit Court typically hears cases relating to establishing guardianship or defending against inappropriate guardianship petitions.

Remember, guardianship often becomes necessary when an adult can no longer manage their personal or financial affairs due to mental incapacity, developmental disabilities, or other conditions that impair decision-making abilities. The court must be able to establish clear and convincing evidence of incapacity before appointing a guardian to make sure this step is only taken when truly warranted.

How Our Firm Can Help

At Denise Jomarron Legal Group, we have deep knowledge of local guardianship procedures, court staff, and judicial preferences. We understand that guardianship cases involve difficult decisions, and we strive to approach each matter with the sensitivity and attention it deserves.

Our attorney maintains strong relationships with the examining committee members, medical professionals, and other experts frequently involved in Florida guardianship proceedings. These connections help us efficiently coordinate the various components of your case while making sure all professional evaluations support your guardianship objectives.

In addition to English-speaking services, we also provide Spanish-speaking representation to minimize the impact of language barriers when accessing quality legal representation.

Guardianship Attorney in Miami, Florida

If you believe a loved one needs guardianship protection or if you're facing a guardianship petition, we encourage you to contact an experienced guardianship attorney as soon as possible. Early legal intervention can significantly impact the outcome of guardianship proceedings and provide your loved one with appropriate protection.

Contact us at Denise Jomarron Legal Group to schedule a free confidential consultation and take the first step toward securing your loved one's future. From our office in Miami, Florida, we serve clients throughout Miami-Dade County. Reach out today.