It is an unfortunate fact that some people will be unable to care for their own affairs at some point during their lives. A serious condition or disease may leave you unable to make medical decisions, understand financial choices, or transfer property. Thankfully, the law allows concerned parties to petition the court for appointing a guardian who has full control over a person’s medical choices and finances.
A person is not granted this power easily, which is why you should first consult with The Florida Probate & Family Law Firm. A party seeking guardianship powers must be able to show that their reasons for seeking this control are proper and that the subject of the proposed order needs this care. A South Miami guardianship lawyer can offer valuable legal assistance, including by explaining Florida’s guardianship laws, gathering relevant information, and submitting applications to the court.
When is a Guardianship Appropriate?
A person who receives guardianship powers holds a large amount of control over the life of another person who often cannot advocate for themselves. It is no surprise that the courts only grant these orders if they feel it is absolutely necessary. In short, a guardianship order is appropriate when a person suffers from a mental or physical incapacity that leaves them unable to make intelligent decisions concerning their life. To back this argument, a person proposing to receive guardianship powers must provide evidence about the proposed ward’s current physical and mental state. This often includes reports from doctors, social workers, and other caretakers.
According to Florida Statute § 744.3201, this collection of evidence is central to a court’s consideration as to whether or not to grant a guardianship order. A guardianship attorney could work with a petitioner in South Miami and identify what documents or pieces of information they need to achieve this order. It is also possible to name a standby guardian in case the first named guardian passes away or cannot fulfill their duties.
The Powers and Responsibilities of Guardians
A guardian has the full power to make decisions concerning a person’s medical, legal, and property rights. For example, a guardian may decide:
- Whether to pursue new medical treatment;
- To sell a person’s home to obtain funds;
- To purchase stocks or financial instruments;
- To pursue a lawsuit in the subject’s name.
Although this consists of a lot of authority-making ability, guardians also have certain responsibilities under the law and cannot stray from their duties or else they risk being removed.
As a general statement, a guardian must act in the best interests of the ward. This includes finding a living space within state limits, making reasonable decisions concerning medical care, and taking care of their assets. If a third-party suspects that a guardian is not taking their duties seriously or is concerned about abuse, they may petition the court to reexamine the guardianship relationship. In extreme cases, a court may censure a guardian, or a subject’s estate may pursue a lawsuit alleging a breach of duty. A guardianship lawyer could help potential guardians in South Miami understand the rights and obligations that come with this appointment and defend them if they are at risk of being removed.
Reach Out to a South Miami Guardianship Attorney Today
A concerned person may seek to obtain guardianship powers when an individual becomes unable to care for their own needs. To obtain these powers, you will need to use evidence to convince a court that the person is mentally or physically incapacitated.
A South Miami guardianship lawyer may be able to help in the preparation and implementation of this role. If necessary, they can assist you in understanding your role and avoiding the appearance of improper behavior. Call our law firm, The Florida Probate & Family Law Firm, today and set up a free consultation.