A guardian may be required for individuals who, due to their age or personal circumstances such as a physical condition, are considered legally incapacitated. A guardianship may also be established to cover a range of legal concerns.
A West Miami guardianship lawyer can assist with all matters related to formalizing guardianship. From filing the initial petition to representing your interests at the hearing, it is beneficial to have a committed attorney handling your case from day one who has extensive knowledge and background in these matters.
Forms of Guardianship in West Miami
There are a few different forms of guardianship processes that a West Miami attorney could provide diligent representation for, with several instances in which a voluntary guardianship could be established. For example, if an adult is diagnosed with an illness that will render them unable to make decisions about their personal well-being or finances, they may designate an individual to make those decisions for them. A guardian may also be designated voluntarily by parents to care for their child in the event of their absence, incapacitation, or death.
Involuntary guardianship is also common. This process could occur in situations where a prospective ward is incapacitated, either due to their age (such as the prospective ward being a minor) or due to a personal reason (such as mental illness) and is therefore not able to make decisions about their person or their property.
It is typical for a person designated or appointed as guardian to be the guardian of the ward’s person as well as property, known as a plenary guardian. However, there are guardianship arrangements in which the guardian is only authorized to make decisions about the ward’s personal matters or financial affairs, but not both.
Responsibilities of a Guardian
The responsibilities of a guardian will depend on the type of guardianship arrangement they enter into. For instance, if someone is appointed guardian of a person, this means they are given the legal power to make determinations as to the ward’s welfare and day-to-day life, such as their place of residence, course of medical care, or education.
When the individual’s guardianship responsibilities extend to the ward’s property, this means that the guardian has the legal authority to do things like pay the ward’s bills, manage assets like investment portfolios, and take care of their tax returns.
While a guardianship may be permanent, there are circumstances in which these arrangements can end. For example, if the ward’s incapacitation is due to their age, the guardianship may end once they become an adult. Likewise, if another reason for the ward’s incapacitation is no longer in force, this may lead to termination of the guardianship arrangement. A West Miami lawyer can provide guidance for all legal processes related to guardianship.
Get in Touch With a West Miami Guardianship Attorney Today
The guardianship process can be more complicated than you might think. Establishing any form of guardianship will require extensive supporting evidence and documentation. In cases involving prospective wards who are adults, there will also be an examining committee composed of medical professionals who are appointed to assess the proposed guardianship and convey their findings to the Judge for the final ruling.
You should not approach any of these proceedings without the benefit of a West Miami guardianship lawyer. The Florida Probate & Family Law Firm can help you review your best legal options and provide the unwavering advocacy you require. Schedule your free legal consultation today.