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Guardianship Lawyer in Miami, FL

Whether you’re applying for guardianship or want to appoint a guardian in the case that you become incapacitated, The Family Matters Law Firm can guide you through the process.
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Understanding Guardianship Guidelines in Florida

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:

  • to allow a person to make decisions for minor children if their parents are unable to
  • to allow an individual to make decisions for a person incapacitated due to mental disability or illness.

A guardian is obligated to make decisions in the ward’s best interest.

What Are the Requirements to Serve as Guardian in Florida?

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:

  • Be 18 or older
  • Be a Florida resident (or meet certain non-resident requirements)

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:

  • Have filed for bankruptcy in the past seven years
  • Were suspended from a professional practice involving financial management
  • Have committed a crime against another person
  • Were convicted of a felony

What Are the Types of Guardianships?

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:

  • Guardianship: Allows a person to make personal care, medical, and sometimes financial decisions for the ward
  • Conservatorship: Allows a person to handle financial matters for the ward
  • Testamentary guardianship: Allows a person to act as the caregiver of a child until they come of age in the event that the child’s parents die
  • Temporary guardianship: Allows a person to make decisions for the ward for a specific, temporary purpose, such as while a parent is in prison
  • Limited guardianship: Limits the decisions of the guardian to only those necessary at the time

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.

What Are the Responsibilities of a Guardian in Florida?

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:

  • Attend an eight-hour educational course
  • Submit to a criminal and background check

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.

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Describe Your Situation,
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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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Why Choose The Family Matters Law Firm ?

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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:

  • We understand family. The Family Matters Law Firm offers our clients a family-friendly environment. We understand how delicate legal issues are with spouses, partners, and children.
  • We speak Spanish. Language barriers shouldn’t be a problem when you work with our firm. We speak Spanish and can understand your personal concerns.
  • We have the experience and skills. Family law is not something anyone should take lightly. Our attorneys have been practicing law for more than 20 years. We understand the critical aspects of family law and the essential steps with each case.

How Long Does a Guardianship Last?

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.

How Can a South Florida Guardianship Lawyer Help?

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.

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Contact The Family Matters Law Firm

Are you ready to schedule your strategy session? Complete our online form and we will get in touch with you right away.

Ask a Question,
Describe Your Situation,
Request a Consultation

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

Your Information Is Safe With Us

We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.

Real Clients, Real Testimonials

  • Honest very Fair Reasonable Compassionate will not run your bills please give her a chance she has represented me for 5 Yrs just a good person she won all for me more than that she is very helpful. Just a example It took 5 yrs my Ex was Very Angry Sadly she found a Attorney who promised here everything she wanted just lies after lies he was a very Cruel Human being just drained her she spent over 250k and ended up receiving 225k as Equity Distribution
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  • Ms. Phillips is an extremely empathetic and professional Lawyer. She handled our Petition of Guardianship, and 2 Last Will and Testaments, in a very swift and detailed manner. Upon my Father's passi g on, she reached out to our family, offering her condolences. She has clients for Life in myself and my family!

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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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