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Guardianship Guidance For The People Of Florida

A guardianship is a legal proceeding under the auspices of the court, in which one person has the right to make legal and financial decisions for a minor, for an adult who lacks capacity or suffers from diminished capacity. You may have found yourself in a position where you need to obtain guardianship for a minor relative, an elderly loved one, or someone in your life who has special needs.

For assistance with all aspects of guardianship law, you can turn to Pincus & Currier LLP. Our acclaimed attorneys combine 100 years of experience to serve the people of West Palm Beach, Palm Beach County, Broward County, and Martin County.

The Steps Of Getting A Guardianship In Florida

If the circumstances warrant the same, it is not difficult to obtain a guardianship but it is a process requiring strict compliance with the procedural requirements. The process is daunting for an individual who is not familiar with the many forms and petitions that must be submitted to the court. You will need to arm yourself with a law firm well-versed in guardianship law and the many nuances that may arise.

In Florida, the commencement of a guardianship involves:

  1. Filing a petition with the court to determine that a person lacks capacity and to appoint a guardian.
  2. Providing evidence from experts such as doctors and psychologists may become necessary depending on the examining committee reports.
  3. Attending a court hearing in which a judge determines whether a guardianship is appropriate for the alleged incapacitated person (AIP).
  4. The judge may deny the petition, appoint a guardian of the person, appoint a guardian of the property, or appoint a guardian for both.

If a majority of the three-member examining committee conclude that the alleged incapacitated person is not incapacitated in any respect, the court is required to dismiss the petition to determine incapacity. However, a guardian may be appointed for a minor by the court without an adjudication of incapacity.

If you believe that your loved one is in need of guardianship, you should work with an experienced guardianship attorney who can advocate for you.

What Are A Guardian’s Duties?

Guardians have several important responsibilities for the wards or the estate over which they have guardianship. These may include:

  • Providing food and shelter
  • Arranging for medical, dental, and vision care, and scheduling appointments with specialists as needed
  • Signing legal and financial documents
  • Managing finances
  • Filing annual guardianship plans and/or annual accountings, depending on your appointment by the court

Every guardian must be represented by an attorney and may require the assistance of an accountant, nurse or other professional caregiver, and other professionals who the guardian must hire.

Learn More From A Guardianship Attorney Today

For assistance and guidance with all details of a guardianship, please contact Pincus & Currier LLP. To set up your initial consultation with an experienced guardianship attorney, call 561-485-4291 or send us an email.