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Guardianship is a legal relationship between the guardian and the ward. The term ward describes a person whom the court has declared legally incapacitated and has had some or all of their rights removed.
It is important to understand that guardianship should be a last resort and established only in cases where lesser restrictive means of intervention are not possible. Our attorneys can help you determine the legal course of action that best suits you and your family.
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We help families solve disputes through non-adversarial resolution strategies. However, our firm is always ready to litigate cases before a judge.
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We understand that not everyone can come for an in-person visit. We offer phone and Zoom consultation.
We pride ourselves in fast response times when communicating with our clients. We will never let your questions or concerns go unaddressed.
We have a personal connection to divorce and family law matters. We know what you’ve been through and we care about your well-being. You are more than just a legal matter.
Our firm has always concentrated on family matters. This focused approach allows us to hone our skills, for your benefit.
We pride ourselves on fast response times when communicating with your clients. We will never let your questions or concerns go unaddressed.
This is where our firm’s experience and depth of knowledge come into play. No matter how difficult your case may seem, we fight for you and pursue your best results with tenacity.
We understand that people in different situations have different needs and concerns, and we help them find their way.
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Depending on the determination of the court and what will best serve the needs of the ward, the court may appoint a guardian of the person only, a guardian of property only or a guardian of the person and property.
The guardian of the person has the authority to exercise only the personal rights that have been removed from the ward by the court and delegated to the guardian.
The guardian of the property has the authority to exercise only the rights that have been removed from the ward by the court and delegated to the guardian. However, the guardian of the property does not have the authority to sell, transfer, mortgage or donate any of the ward’s property without prior approval from the court. It will be up to the court to determine if any proposed transactions are appropriate for the ward.
The guardian of the person and property has been given the responsibility by the court to make decisions regarding both the personal and property rights of the ward. It will be the responsibility of the guardian of the person and property to file with the court all the required initial and annual reports.
Florida statutes require a guardian of the property to be appointed in cases where a minor receives a net settlement in excess of $15,000 as a result of a personal injury, property damage or wrongful death. The court, without adjudication of incapacity, may appoint a parent, sibling, next of kin or another person interested in the minor’s welfare as the guardian. The guardianship will terminate upon the minor reaching the age of majority even if the guardian believes the ward lacks the maturity to properly handle the assets to which the ward is entitled. Guardianship of a minor, which is a legal relationship between the guardian and the ward, should not be confused with custody of the minor.
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Whether one is dealing with a minor whose assets must be managed by another or an adult with a disability who is not capable of making decisions for themself, when the court removes an individual's rights to order their own affairs, there is an accompanying duty to protect the individual. One of the court's duties is to appoint a guardian. All adult and minor guardianships are subject to court oversight. Our attorneys will work with you to ensure that your loved one is cared for in the best way possible.
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If these things are what you are looking for in a law firm, contact us to see how we can help you and your family.
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We help families through these tough times throughout South Florida and Miami.
Locally, clients come to us from Miami, Miami Beach, Key Biscayne, Coral Gables, Doral, Kendall, Coconut Grove, Pinecrest, and other surrounding areas.
We welcome your questions and want to understand your situation to help you move forward and achieve the peace of mind that comes with having everything done properly and efficiently. Since time is often critical to ensure the best result, contact us now by calling (305) 701-2901(305) 701-2901 or complete the form on this page above to schedule a consultation. All information is confidential.
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The experienced attorneys and staff at The Family Matters Law Firm are here to serve you Monday through Friday from 9:00 a.m. to 5:30 p.m. We understand that divorce is not a decision anyone takes lightly and want to help you move through the process as painlessly as possible. Call us at (305) 701-2901 to discuss your case. If you contact us outside of business hours, we will respond to you when our office opens the following day. We’re here for you because family matters.
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