Guardianship Law
Dealing with life’s uncertainties is challenging, especially in matters of guardianship. Whether it’s a child left without parental guidance or an elder losing their cognitive faculties, the weight of responsibility feels immense. Let our team handle the legal complexities so you can focus on what truly matters: being there for your family.
What is a Guardian?
A guardian is a legally appointed individual responsible for making personal and financial decisions for a minor or an incapacitated adult. Guardians are required to make ethical decisions in the best interest of their ward.
For minors in Florida, guardianship occurs if a child’s parents die or become incapacitated, or when the child receives an inheritance. It lasts until they turn 18. For adults, guardianship occurs when they become incapacitated, or unable to competently manage their affairs.
Types of Guardianships
Legal vs. Ad Litem: Legal guardianship involves comprehensive care and decision making for a ward. Ad Litem guardianship is limited to representing the ward in court procedures.
Voluntary vs. Involuntary: Voluntary guardianship occurs when a competent adult willingly cedes rights to decision making, often due to physical impairments. Involuntary guardianship is determined by the court and imposed without consent, due to the ward’s inability to consent responsibly.
How We Help
From legally determining incapacity to planning for the unexpected, we help you navigate guardianship – the different types and the complexities associated with each one.
It’s prudent to legally designate guardians for your children, ensuring their care in unforeseen circumstances. This can be done through a Last Will & Testament or a Trust. Our seasoned attorneys in Orlando will guide you through the process, including the many documents related to guardianship:
- Application for Appointment as Guardian
- Petition for Appointment of Plenary Guardian
- Petition to Determine Incapacity
- Application for Indigent Status
- Guardian Agreement & Requirement
- Guardian Education Course
- Guardian Background Check
- Oath of Guardian Affidavit
- Designation of Resident Agent
Your Resource for Guardianship in Florida
Detailed guardianship regulations are available in the Florida Statute Sections 744 and 393.12. Additional resources are provided by the Florida Developmental Disabilities Council and the 17th Judicial Circuit’s Guardian Handbook.
Make sure your loved ones are cared for and protected. Schedule a consultation today, and allow us to carry the legal burden so you can focus on family.
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