Sound Legal Advice and Assistance on Guardianship 

While appointed guardians are typically related or a close friend, they can also be someone appointed by the court. Guardianship can apply to minors or to adults who need help with health and welfare issues as well as financial areas of concern. With a large retiree population in the Fort Myers, FL area, guardianship and advocacy for seniors is something we get involved with on a regular basis. 

The process of guardianship involves someone gaining authority over an individual who becomes designated as their ward. 

In Florida, there are scenarios where a person or where an estate can require a guardian. And in some cases, a child who is under guardianship could remain in that classification even into adulthood.

Whether guardianship is needed due to age, mental capacity, an accident, psychological issues, or some other issue, we are guardianship lawyers who can help you through this process.

This guardianship oversees a variety of areas, typically related to residential issues, medical treatment, education, financial areas, and making decisions at the end of life. A guardian answers to the court with respect to their activities.

The court may make the decision, with a petition, to place adults under guardianship for a variety of reasons related to their actions and influences in their life. This often happens when there is an inheritance at stake. It’s often an undertaking with elderly people as well, particularly if dementia is a concern.

Having a guardian appointed does take away the autonomy of an individual and can infringe on a variety of rights related to travel, marriage, voting, and financial transactions.

People have rights related to due process and are typically entitled to attend any legal proceeding involving guardianship over themselves.  

A guardian who manages assets on behalf of a ward can involve safeguarding assets, managing income, and distributing proceeds. Again, a guardian is accountable to the courts on these actions.

Guardianship is typically a temporary thing that transitions to the ward upon their maturity or return to good health. Whether you are looking at options to become a guardian for someone or to have an appointment made to help you in the event of incapacitation or medical issue, Daniel J. Endrizal III, PA is a guardianship attorney who is dedicated to providing services that help guardians and their wards. Do you want advice about this issue? Feel free to contact us for information and a free consultation to help you, should you be in a position where you would like to appoint a guardian or become appointed for a loved one.

 

A guardian is typically a family member, friend, or fiduciary appointed by the court. A protected person can be a minor without a parental guardian or an adult who can no longer make safe and sound decisions about his or her own person or property.

Additionally, a person may be placed under guardianship who is prone to fraud or undue external influence.

 

While guardianship does attempt to maintain the protected person’s independence, it should only be considered in appropriate cases, as it may significantly impinge upon rights of the individual.

 

Appointment of a guardian can materially limit the rights and privileges of the protected individual in areas such as: