Guardianship Attorney Orlando

When Might You Need A Guardian Appointed?

When a loved one, due to incapacity, lacks the ability to make legal decisions about their finances or their health and safety, guardianship may be appropriate. Through the judicial process, the court may appoint a guardian with the duty and legal authority to care for a loved one’s person or property because of the person’s incapacity or disability.

How A Guardianship Attorney Can Help

A trusted family member, friend, or professional can be appointed as a guardian. However, a petition must first be filed in court.

A guardianship attorney can help you navigate the process by:

• Preparing the necessary legal paperwork,
• Preparing the necessary evidence,
• Providing you guidance and advice on how best to serve as a guardian, and
• Anticipating problems and addressing them.

To speak with a guardianship attorney, contact The Family First Firm today and schedule a consultation.

What are the Types of Guardianship?

When a loved one cannot take care of themselves and is incapable of making legal decisions, the court may appoint a guardian based upon the needs and abilities of the person who is determined to be incapacitated. The court may appoint one of the following:

• Full and Limited Guardianship: Guardianships can either be full or limited. In full guardianship, the incapacitated person requires assistance in all areas of their life. However, a limited guardianship may be appropriate when the person only needs assistance in specific aspects of their lives.
• Guardian of the Person: The Guardian of the Person is charged with making decisions about the care and wellbeing of the incapacitated person, including making healthcare, educational, social, and residential decisions.
• Guardian of the Property: The Guardian of the Property is tasked with managing and protecting the assets and income of the incapacitated person. This may include managing and investing funds, paying bills, selling assets, or maintaining real estate.
• Guardian Advocacy of the Person and/or Property: A Guardian Advocate is appointed by the court to protect a person with a developmental disability, if the person lacks the ability to do some, but not all, the tasks necessary to live a safe and healthy life. As with Guardianship, Guardian Advocacy can be full or limited, and can be of the person, of the property, or both.

When Is Guardianship Necessary?

A person may need guardianship in the following circumstances:

• Children: A guardianship may be appropriate for a minor child when the child becomes orphaned, parental rights are terminated, or an event causes the child to need a caregiver appointed to them immediately; however, the most common circumstance requiring guardianship for a minor is when a child receives a large amount of money from a personal injury settlement or inheritance. In Florida, parents can manage only $15,000 or less of their child’s funds without guardianship.
• A Person with a Developmental Disability: A Guardian Advocate may be appointed to a person who has been diagnosed with an Intellectual Disability, Cerebral Palsy, Autism, Spina Bifida, Down Syndrome, Phelan-McDermid syndrome, or Prader-Willi syndrome before the age of 18. A person with a developmental disability may lack the ability to make some, but not all, of the decisions necessary to care for their person or property. As a result, the court will appoint a Guardian Advocate to exercise some of the rights of the person.
• Adults: A guardian can be appointed to handle the affairs of an adult after some event occurs leaving them unable to handle their personal and financial affairs, such as an accident, illness, or mental health crisis. In these circumstances, the court will appoint a friend, loved one, professional guardian, or public guardian as their guardian after the court determines that they need someone to make decisions on their behalf.

  Often, guardianship may coincide with an elderly person experiencing the onset of dementia, Alzheimer’s Disease, or other mental or physical decline resulting in diminished capacity. A guardianship may be appropriate if the elderly person does not have estate planning or advance directives in place. After physical and medical examinations determine the elderly person incapacitated, the court will appoint a trusted friend or family member to make legal decisions on behalf of the incapacitated person.

  If your loved one appears to be in imminent danger such that the physical or mental health or safety of your loved one will be seriously impaired, or your loved one’s personal property is in danger of being wasted, misappropriated, or lost, then we can assist with emergency proceedings. If you feel that an elderly loved one is being abused, neglected or exploited, we encourage you to call the Florida Abuse Hotline at 1-800-96-ABUSE (1-800-962-2873).

What is the Difference Between Guardianship and Advanced Directives?

Guardianships and advance directives can serve similar purposes, but they have important differences. In a guardianship, a guardian can be authorized to oversee the financial and personal affairs of a loved one. Guardians can also take charge of the medical needs of the loved one, depending on their needs and conditions.

Advance directives, on the other hand, only authorize an agent to make medical decisions according to the instructions laid out by the principal. In other words, advance directives are limited to medical matters.

If a loved one is incapacitated without advance directives, then family members might need to go through guardianship proceedings to be able to make medical, financial, and legal decisions on the behalf of a loved one. If you are facing a situation in which you believe guardianship or advance directives may be the right solution for your loved one, contact Family First Firm today to schedule a consultation. We can discuss which option would be appropriate for your needs.