It may be challenging to handle a loved one’s affairs if they become unwell or unable to make decisions, especially if they did not form a complete estate plan. These issues may be handled through guardianship, a legal method that lets you appoint someone to handle your most important affairs if you become incapable or to become the guardian of a ward in need.
If you are unfamiliar with Florida’s laws and regulations, you must have an experienced attorney on your side. In Florida, guardianship is still a complicated procedure that should not be handled casually. It’s critical to have an expert Florida Guardianship Attorney on your side from Marrero, Serrano, Farah Law, LP, in Miami.
Florida recognizes both voluntary and involuntary guardianships. Voluntary guardianship, for instance, permits someone to appoint someone else to make decisions about their family or assets on their behalf. Involuntary guardianship, on the other hand, may include a court assigning guardianship due to a lack of physical or mental ability. Furthermore, there are particular laws and requirements for the legal guardianship of children. Certain rights of the Ward are revoked and given to the designated guardian in a Guardianship process. Guardianship can be of the person and guardianship of the property.
A person’s guardian will have the authority to make medical choices for the Ward, decide Ward’s residency, and make decisions concerning Ward’s social environment and other social factors. [744.3215(3)(e) of the Florida Statutes (g)]. A guardian of the property would have the authority to enter into agreements, undertake a lawsuit, apply for welfare benefits, and control property of the Ward. 744.3215(3) (a)-(d). The guardian will only have the rights that the Court has taken away.
A guardianship for an adult and a guardianship for a minor are the two basic forms of guardianship.
- Guardianship of Adults
If an adult cannot act for himself or herself, a guardian can be appointed by the court to oversee that adult’s affairs. A guardianship can encompass a wide range of issues, from financial to medical to legal as discussed.
- Guardianships for minors
The right to manage the affairs of a minor kid is usually given to the child’s parents. A guardianship of the minor kid may be required if the minor child’s assets surpass $15,000 in value. In this case, the minor child’s parents normally take on the role of guardianship. If the minor child’s parents are no longer alive, the court may designate anybody authorized to act as guardian after they file a petition with the court.
- Guardian Advocates
A guardian advocate is another option open to persons concerned for the well-being of others. A guardian advocate may be appointed in Florida to care for someone with developmental impairments who is unable to make critical choices for themselves. The ward does not have to be legally incapable for the court to designate a guardian advocate in a guardian advocacy case. If the court determines that the ward lacks adequate decision-making capacity to care for themselves, a guardian advocate may be assigned.
Contact our Florida Guardianship Attorney
The process of becoming a legal guardian for a child, disabled person, or elderly person is time-sensitive and, in many situations, critical. You have questions or worries regarding the legal procedure if you’ve considered guardianship. Our Miami guardianship attorneys at Marrero, Serrano, Farah Law, LP, are here to assist you throughout the process. Contact us for more information.