Guardianship

Sound Legal Advice and Assistance on Guardianship 

Read More About Guardianship in Florida

Get Advice About Guardianship in Fort Myers, FL

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.

Guardianship of Individuals:
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.  

Property Guardianship 
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.

Florida Guardianship Attorney

Guardianship of the Person

This type of guardian makes decisions for and acts to promote the ward’s health and welfare. Guardianship of the person often relegates the following responsibilities to the appointed guardian:
  • Determining and maintaining residence
  • Providing informed consent to and supervising medical treatment
  • Consenting to and supervising non-medical services such as education, psychiatric, or behavioral counseling
  • Making end-of-life decisions
  • Paying debts and other expenses
  • Maintaining the protected person’s autonomy as much as possible
  • The guardian may be required to report to the court about his or her activities on an annual basis.

Guardians and Protected Persons

Guardianship, also referred to as conservatorship, is a legal arrangement that places an individual, also known as a ward or protected person, under the supervision of a guardian, or custodian. 
 
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:
  • Choosing residence
  • Providing informed consent to medical treatment
  • Making end-of-life decisions
  • Making property transactions
  • Obtaining a driver’s license
  • Owning, possessing, or carrying a firearm or other weapon
  • Contracting of filing lawsuits
  • Marriage
  • Voting

Right to Due Process

To safeguard the protected person’s right to due process, he or she may be entitled to notice of, and ability to attend all legal proceedings related to guardianship. 

In addition, the protected person may obtain representation by an attorney, present evidence, and confront and cross-examine all witnesses.

Guardianship of the Estate or Property

This type of guardian manages the finances of the ward, acting as a fiduciary to maximize the assets for the ward’s benefit. Guardianship of the estate or property transfers the following responsibilities to the guardian:
  • Organizing, gathering and protecting assets
  • Arranging appraisals of property
  • Safeguarding property and assets from loss, whenever possible
  • Managing income from assets
  • Making appropriate payments
  • Obtaining court approval prior to any sale of major assets
  • Reporting to the court the estate’s status on a regular basis
Many guardianships are temporary arrangements, meant to protect an incapacitated individual until he or she regains capacity.

Getting a Guardian Appointed for Your Senior Loved One

Daniel J. Endrizal III, PA is dedicated to providing services that enhance the lives of our senior clients. For many seniors, who value their autonomy, broaching the question of guardianship can be a delicate matter. 

Many welcome the assistance because it gives them added security, which actually enhances their freedom. Others resist an appointment, even when their incapacity is readily apparent.
 
The legal process in Florida allows for voluntary appointment as well as a court-ordered appointment that overrides the senior’s objection. 

A court order requires a hearing, and you should seek advice from a capable and experienced elder law attorney.
Schedule a FREE initial consultation regarding guardianship concerns!
239-728-8555
We can take care of all the legalities for your guardianship proceedings. Visit us!
Share by: