Guardianship

Guardianship2024-01-01T18:44:53+00:00

West Palm Beach Guardianship Attorneys

How can you help a family member in need?

Establishing a guardianship is a legal way to help ensure the protection and rights of loved ones who have limitations in their independent decision making. Whether a loved one has mental or physical challenges, guardianship can play a crucial and supportive role in helping them live life.

The regulations governing guardianships in Florida are delineated in Fla. Stat. § 744.3678. When the court intervenes to revoke an individual’s independence in handling their matters—be it a minor necessitating external oversight of assets or an adult with a disability unable to make decisions—a corresponding responsibility emerges to protect that individual. All guardianships, regardless of the age of the individual involved, are subject to oversight by the court.

Understanding Guardianship in Florida:

In Florida, the process of establishing guardianship involves petitioning the court to appoint a guardian who will make decisions on behalf of an individual deemed unable to make those decisions independently. This legal arrangement is often necessary when someone lacks the capacity to manage their personal, financial, or healthcare affairs.

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Types of Guardianships

There are different types of guardianships tailored to the specific needs of individuals. For minors, a guardian may be appointed to manage the child’s assets until they reach the age of majority. In the case of adults, guardianships can be established for individuals with mental incapacities, physical disabilities, or elderly individuals unable to manage their affairs independently.

Learn more about the other types of guardianships. 

This type of guardian is responsible for making decisions related to the ward’s personal well-being, including healthcare, living arrangements, and overall quality of life.

This guardian oversees the financial affairs of the ward, managing assets, paying bills, and making financial decisions in the best interest of the individual.

In situations where the individual retains some capacity for decision-making, a limited guardianship may be established. This allows the person to maintain control over certain aspects of their life while the guardian assists with specific identified areas of need.


The Guardianship Process

Initiating the guardianship process involves filing a petition with the court. This petition typically includes information about the alleged incapacitated person, the reasons for seeking guardianship, and proposed guardians. The court may appoint an attorney to represent the alleged incapacitated person’s interests. Once the petition is filed, a court-appointed evaluator assesses the individual’s capacity and submits a report to the court. The court then holds a hearing to determine whether guardianship is necessary. If granted, the court issues an order outlining the guardian’s powers and responsibilities.

Role of the Guardian

The guardian assumes a significant role in the life of the incapacitated person. Acting in the best interest of the ward, the guardian makes decisions that directly impact the individual’s welfare. Regular reporting to the court is required to ensure transparency and accountability in the guardian’s actions.

Legal Assistance

Navigating the complexities of guardianship proceedings requires legal expertise. Our West Palm Beach guardianship attorneys are well-versed in Florida’s guardianship laws and can guide you through the process with compassion and skill. We understand the sensitivity of these matters and strive to protect the rights and well-being of all parties involved.

Here for you when you need help protecting your loved ones

Establishing a guardianship is a legal avenue to provide essential support and protection for loved ones facing challenges in decision-making. Whether you are considering guardianship for a minor or an adult, our experienced West Palm Beach guardianship attorneys are here to assist you. Contact us to discuss your specific situation and explore the best options for safeguarding the well-being of your family members.

The Guardianship Process

Initiating the guardianship process involves filing a petition with the court. This petition typically includes information about the alleged incapacitated person, the reasons for seeking guardianship, and proposed guardians. The court may appoint an attorney to represent the alleged incapacitated person’s interests. Once the petition is filed, a court-appointed evaluator assesses the individual’s capacity and submits a report to the court. The court then holds a hearing to determine whether guardianship is necessary. If granted, the court issues an order outlining the guardian’s powers and responsibilities.

Role of the Guardian

The guardian assumes a significant role in the life of the incapacitated person. Acting in the best interest of the ward, the guardian makes decisions that directly impact the individual’s welfare. Regular reporting to the court is required to ensure transparency and accountability in the guardian’s actions.

Legal Assistance

Navigating the complexities of guardianship proceedings requires legal expertise. Our West Palm Beach guardianship attorneys are well-versed in Florida’s guardianship laws and can guide you through the process with compassion and skill. We understand the sensitivity of these matters and strive to protect the rights and well-being of all parties involved.

Here for you when you need help protecting your loved ones

Establishing a guardianship is a legal avenue to provide essential support and protection for loved ones facing challenges in decision-making. Whether you are considering guardianship for a minor or an adult, our experienced West Palm Beach guardianship attorneys are here to assist you. Contact us to discuss your specific situation and explore the best options for safeguarding the well-being of your family members.

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It is our mission to help serve justice for those who have been wronged. Those seeking a compassionate and competent attorney in Boca Raton, FL should contact us today.

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