The guardianship process can be an incredibly valuable way to ensure that the interests or assets of your loved ones are safeguarded. Guardianship proceedings can begin when minor children are involved, or with adults who cannot manage their personal or financial affairs because of a medical or psychological reason.
A Little Gables guardianship lawyer can offer step-by-step assistance if you need to work through this process. Our respected law firm can see to it that you understand your rights, obligations, and legal options through every phase of a guardianship case.
Types of Guardianship in Little Gables
Florida law allows for several forms of guardianship, which depend upon the age of the prospective ward (the person needing the guardian) and the details of why they need this protection. The primary forms of guardianship include being the guardian of a minor, guardian of an adult, and guardian advocate. Guardianship may be voluntary or involuntary. The designation of guardianship may be temporary, permanent, or could have a predetermined end date, such as when the ward reaches adulthood.
Guardianship of a Minor
For example, the guardian of a minor might only be appointed to make determinations about the property that belongs to them until they reach the legal age of majority. This usually occurs when a child receives a settlement over the amount of $15,000. In some cases, the guardian may have the legal authority to make choices about both their property and personal affairs.
Guardianship of the Adult
When it comes to the guardianship of an adult, a person may be appointed a guardian to handle their well-being and property. These kinds of guardianships are often established in cases where an adult is mentally incapacitated and unable to make sound decisions. However, an adult may be able to make choices about their affairs and still voluntarily seek to establish someone else as their guardian to manage certain assets they own.
Finally, a guardian advocate can be appointed when a child reaches the age of majority but has a mental disability rendering them incapable of making sound personal decisions. Often, the parent of a disabled child will seek to become their guardian advocate after the child turns 18. A Little Gables guardianship attorney can guide and support all kinds of cases, including walking someone through the precise legal requirements.
The Guardianship Process
Retaining a Little Gables attorney from the beginning of the guardianship process is vital. The documents and legal proceedings will be different depending on the type of guardianship that someone is seeking.
For example, when applying to become the guardian of an adult, the individual must file an application seeking guardianship, swear under oath that they will carry out all obligations, and file a petition to assess the mental incapacity of the prospective ward. The court would then select a panel of individuals, including a physician, to assess the incapacitation of the adult before making a final ruling.
In cases about the guardianship of an adult, the court will usually designate an attorney to represent the ward. Throughout any guardianship case, it is essential to have an attorney who can handle all the legal filings and court procedures, and manage communications with the other side. A person should also consider a standby guardian who can take over if the first one is unable to fulfill their duties.
Consult with a Little Gables Guardianship Attorney Today
The Florida Probate & Family Law Firm is well-versed in the guardianship process and the details that often come into play.
You may have questions about becoming a guardian or setting someone up as a ward. The next thing to do is speak with an attorney with lots of experience managing these kinds of cases. Call for a free consultation and speak with a Little Gables guardianship lawyer.