It is difficult to see a loved one struggling to manage their affairs. As a guardian, you can help ensure that your loved one’s basic needs are met. Our Board Certified attorneys are equipped to help you meet the court’s stringent standards so that no time is wasted in getting your loved one the protection he or she may need. Board Certification is the highest level of recognition given by the Florida Bar. This designation signifies that an attorney meets standards of competency and knowledge in certain areas of the law.
If you feel that a loved one can no longer make decisions about important matters such as health care and finances, it might be time to seek a guardianship. A guardian refers to someone who makes decisions for a loved one’s health care, living arrangements, and financial decisions.
Each state has its own standard of mental incapacity, but the general question is whether the individual has the capacity to make sound decisions. An individual under a guardianship, known as the ward, loses many important rights.
As a result, you will have to provide detailed, documented evidence of the individual’s lack of mental capacity. That is why you need an attorney who can help you prepare a solid case. Our Board Certified attorneys can assist you in the process from start to finish.
There are different types of guardianship available. We can help you determine which is most appropriate for your loved one’s situation.
- Voluntary- in this situation a person may decide that it is in his or her best interest to have a guardianship and an appointment of a voluntary guardian occurs.
- Limited – in this situation a person is appointed by the court to exercise only limited legal rights and powers of the ward.
- Plenary – in this situation a person is appointed by the court to exercise all the delegable legal rights and powers of the ward. This only occurs after the court has found that the ward lacks capacity to perform all of the tasks necessary to care for his or her person or property.
Once you have determined what type of guardianship you are seeking, you will need to complete an initial application petitioning the court to be a guardian. Next, you must allow time for other interested parties to raise objections. Finally, you must also attend a court hearing about the guardianship. The court hearing can involve calling witnesses and the presentation of evidence.
With our Board Certified attorneys by your side, you will feel confident that you are getting a fair hearing. Sometimes these proceedings become adversarial. We will be there to ask the right questions and cross-examine witnesses.
Once appointed as a guardian, you will still benefit greatly from the services of our Board Certified attorneys. As a guardian, you will have to make regular reports to the court about the ward’s health and finances. We will make sure you are in compliance with the court mandates and the laws regarding the guardianship. |
