The Florida court system believes that people should have autonomy over their decisions. However, sometimes, civil rights have to be sacrificed for the safety and wellbeing of individuals. When that is the case, the court can order guardianship over the property, the person, or both.
If you petition the court for guardianship over an adult, you will first have to open a mental health matter to determine their incapacity. The court appoints an examining committee to evaluate the alleged incapacitated person and provide their recommendations to the Court as to which rights, if any, shall be removed and delegated to a guardian. The court will then hold an incapacity hearing to review the findings of the examining committee. Then, the judge will decide which legal rights shall be removed from the alleged incpaciated person, if any, and will appoint a legal guardian.
There is a specific process, so reach out to a Miami guardianship attorney for assistance. We can help you establish a guardianship and represent you as guardian.
The court can grant various types of guardianships for adults. Consult with our Miami guardianship attorney to discuss:
After reviewing your situation, an attorney can recommend the right guardianship for your loved one. An attorney will be able to help you take the necessary steps.
Cognitive decline is an unfortunate aspect of aging. Most of the time, seniors can still handle their affairs, but sometimes, the impairment becomes far too great for them to manage their tasks and make important decisions.
If your loved one is impaired to the point of incapacity, you can petition the court for a determination of incapacity and establish a guardianship. Because the legal system values personal freedom and autonomy, it does not take these cases lightly. Thus, an examining committee will be appointed consisting of psychiatrists that will evaluate your loved one to assess their capacity.
If the judge agrees with the findings filed by the examining committee, he or she will issue a limited or plenary guardianship over the person. A limited guardianship is where some, but not all, legal rights are removed from the person and delegated to a guardian. On the other hand, a plenary guardianship gives the guardian decision-making power over both personal and property rights. Due to its restrictive nature, a plenary guardianship is reserved for individuals suffering from severe cognitive impairment.
Contact a Miami guardianship attorney at our firm to discuss both limited and plenary guardianship.
If your child has a developmental disability, you might need to petition the court to become a guardian advocate when he or she turns 18. Unlike traditional guardianship, you do not have to prove that your loved one is incapacitated. However, you must demonstrate that he or she was diagnosed with a developmental disability before the age of 18.
If the judge grants your petition, he or she will create an order that details your responsibilities. Then, you can continue to support your child into adulthood.
A guardian advocate is a wise choice for many families. If you would like to learn more, contact our firm to set up a free strategy session.
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As the years go by, you cannot help but worry about what will happen if you become incapacitated. First, you might struggle with the thought of your family petitioning the court for guardianship. You know it will be an emotional rollercoaster for them, and you want to spare them the burden. Second, you might be afraid that the court will appoint someone you do not like or trust as your guardian. Then, you will have to spend your last years under the care of someone you do not want involved in your affairs. Fortunately, a Miami guardianship attorney can help you protect yourself and your family. The attorney can help you create a Designation of Pre-Need Guardian to designate someone to manage your affairs in the event you become incapacitated. The person you select will have preference of being appointed as your legal guardian by the Court if you become incapacitated. Schedule a free strategy session with our firm to discuss this and other advance directives.
In the State of Florida, there are three types of guardianship of a minor: guardian of the property, guardian of the person, or guardian of the person and property. An adjudication of incapacity is not required in a minor guardianship. A guardian of the property of a minor is required when the minor receives a net settlement in excess of $15,000 as a result of a lawsuit or life insurance policy. A guardian of the person for the minor may be required when the minor’s natural parents are unavailable or unable to serve as the custodian of the minor. This occurs when the minor’s natural guardian is disabled, incarcerated, or passes away. The court-appointed guardian of the person will be able to make daily decisions about the care and living arrangements of the minor including healthcare or school-related decisions.The court may appoint a parent, sibling, next of kin, or another person interested in the minor’s welfare as the guardian. The guardianship of a minor will terminate upon the minor reaching the age of majority. A guardianship of the property can also be terminated if the monies in the guardianship are less than the $15,000 statutory requirement.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.