What Is Guardianship? A guardian is a person a court appoints to care for a child or adult called a...
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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.
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:
To speak with a guardianship attorney, contact The Family First Firm today and schedule a consultation.
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:
A person may need guardianship in the following circumstances:
Often, guardianship may coincide with an elderly person experiencing the onset of dementia, Alzheimer’s, or other mental or physical decline resulting in diminished capacity. A guardianship may be appropriate if the elderly person has no 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).
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.
We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.
There are certain instances in which a guardian can be replaced. A guardian can be removed if they fail to do their duties, as written in the court order.
A guardian can also be changed if he/she secured the guardianship position in a fraudulent manner, mismanaged the ward’s assets, or was convicted of a felony.
A guardian may also be removed in case the ward does not need assistance anymore. Minor children, for example, may not need a guardian once they reach the age of majority.
Contact The Family First Firm for a free consultation to explore options if you believe a guardian for your loved one should be removed or replaced.
In the majority of cases, immediate family members are appointed as guardians, so they generally choose to serve without compensation. However, if your family decides to appoint a professional guardian, they would be entitled to reasonable compensation for their work. The court would review the guardian’s fee to determine whether it is reasonable under the circumstances.
A person’s cognitive well-being, medical status, ability to make decisions, or ability to take care of their own needs may factor into the decision to appoint a guardian. If you’re contemplating that a loved one might need a full or limited guardian in Florida, then it’s time to consult a guardianship attorney.
Call The Family First Firm today to schedule a free consultation with an experienced guardianship attorney in Orlando.
Beth Roland is a superb lawyer. She has been helping me with Guardianship for my sister for over 6 years. I trust her advice and judgment. She is very kind and compassionate during some of the most difficult times. I appreciate all that she has done throughout the years
You feel like part of a family when you leave. Beth Roland (Lawyer) and Corinna N. are very professional and knowledgeable and assists with all your needs every step of the way with Guardianship. Awesome Team!
I went to FFF to help with the guardianship of my Grandma Anne. It was a phenomenal experience from start to finish...the entire office was so friendly. I would recommend Family First Firm - Medicaid & Elder Law Attorneys every time!
What Is Guardianship? A guardian is a person a court appoints to care for a child or adult called a...
You can have a full or limited guardianship. You may want a limited one if the ward can take care...
A guardian can be any capable adult and may be a spouse, family member, friend, neighbor, or professional. Anyone can...
Guardianship should be taken seriously. Whether someone needs a guardian depends on their cognitive well-being, medical status, and ability to...
Full guardianship may not be needed depending on the extent of your child’s disability. A special needs attorney can help...
One of the reasons people delay estate planning is because they must face mortality. They will also have to answer who will be responsible for raising their children if something happens to them.
If a loved one is experiencing memory loss or suddenly making poor decisions, you may want the court to appoint a guardian, which requires a declaration of incompetence. Determining whether someone is incompetent to make their own decisions is a complicated process.
Being appointed guardian of a loved one is a serious responsibility. As guardian, you are in charge of your loved one's well-being and you have a duty to act in his or her best interest.
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(ORLANDO, Florida) Employees from Family First Firm are raising donations for the Alzheimer’s Association. They will participate as the Always...
ORLANDO, Florida – Geoff Hoatson, Attorney, Founder, and Owner of the Family First Firm – Medicaid & Elder Law Attorneys, an...
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