These days, with the U.S. economy on unstable ground, and with many Floridians still recovering...
Guardianship is a legal, court-established relationship that allows a person (the guardian) to make decisions on behalf of another person (the ward) who cannot make decisions for themself.
Typically, the court appoints guardians in two types of cases:
A guardian is obligated to make decisions in the ward’s best interest.
If you are considering becoming a guardian or you want to appoint another person as guardian, you should be aware of the requirements for guardianships. A person must meet the following conditions to legally serve as guardian in Florida:
A judge will consider each person’s ability to serve as guardian before awarding guardianship. A person may not be able to serve as guardian if they meet any of the following:
If you are seeking a guardianship appointment from the court, the judge will examine your circumstances and the needs of the ward to determine the type of guardianship to order. The primary types of guardianships include the following:
Depending on the needs of the ward, the court may appoint a guardian over the person only, the property only, or both the person and property of the ward. The responsibilities and limitations of the guardian’s power over the ward’s personal rights or property will vary accordingly. Your Florida guardianship attorney can help you determine the appropriate guardianship relationship to seek.
A guardian’s exact responsibilities depend on the circumstances surrounding the guardianship appointment and orders from the court. However, in Florida, guardians related to the ward need to at least fulfill the following responsibilities before they can assume a guardianship position:
After completing these tasks, the person will need to act in the best interest of the ward while fulfilling the duties laid out by the court. They may also need to report back to the court and complete required forms throughout the guardianship relationship.
If you are considering becoming a guardian, working with an attorney can ensure that you navigate this process smoothly and fulfill all obligations during your guardianship. Schedule a strategy session to begin the discussion with an experienced Florida guardianship attorney.
Call (305) 701-2901 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.
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Legal concerns with family can cause intense stress and have far-reaching effects. This can be especially true when children are involved. You also have a lot of financial interests in a family law case, so you must partner with the right attorney. The team at The Family Matters Law Firm is the right choice for these reasons:
The court will dictate the duration of a guardianship relationship based on the purpose of this appointment and the needs of the ward. Typically, temporary guardianships end when their purposes have been fulfilled. Meanwhile, testamentary guardianships end when a child turns 18.
However, general guardianships and conservatorships sometimes do not have specified end dates. The court may check in with these relationships periodically to determine their duration.
A guardianship will also end automatically upon the ward’s death, but the guardian may have a few duties to complete after the ward’s death, as well. Our attorneys can help you understand the responsibilities and duration of your guardianship relationship.
Whether you are seeking guardianship for a child or incapacitated adult, or you would like to appoint another person as guardian over yourself or your child, working with a qualified lawyer is crucial.
Your guardianship attorney can walk you through the steps to establish guardianship and answer any questions you have along the way. They can also help to ensure that the rights and best interests of the ward are at the forefront during the guardianship process.
Contact our guardianship attorneys at The Family Matters Law Firm today to schedule your strategy session.
Are you ready to schedule your strategy session? Complete our online form and we will get in touch with you right away.
Call (305) 701-2901 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.
* Required Fields
We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.
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