Guardianship

Guardianship for adults

If an adult can no longer make some (or all) decisions about managing their property and caring for themselves, it may be necessary to petition the court to remove certain rights from an individual (for instance, the right to contract or make their own medical decisions) and appoint a guardian to step in and make these necessary decisions for their loved ones. The need might arise for a number of reasons: age-related dementia or traumatic brain injuries resulting from an auto accident, for example. Adults with certain developmental disabilities may also benefit from a guardian advocacy, a less restrictive process that focuses on supported decision-making.

Guardianship of a minor's property

Sometimes minor children inherit money from a relative or receive a settlement. If the award or inheritance exceeds a certain amount, a guardianship of minor property may be required.

Less restrictive options

Guardianship is a court process, and Florida law asks the court to consider whether less restrictive options would work. A durable power of attorney or a health care surrogate designation, signed while a person is still able, may avoid the need for guardianship later.

If you believe that a loved one may require a guardian, do not hesitate to call for a consultation. This can be a difficult and stressful time for a family, and we are here to guide you through.