For many of us, there comes a time when we are no longer capable of making decisions for ourselves due to a physical or mental impairment, a condition formally known as incapacitation in the realm of estate law. That said, if your loved one has reached this point, you may want to consider establishing a guardianship, which is essentially a document that forms a legal relationship between a guardian (you) and a ward (your loved one). In this relationship, the guardian is appointed by the court to handle the ward’s affairs, protect them, and overall look out for their best interests. If you’re looking to become your loved one’s legal guardian, simply contact a Broward County guardianship lawyer from The Probate Lawyers today.
Creating a guardianship is an important and complex decision that requires careful consideration and legal guidance. While you can file a petition for guardianship on your own, it is always advisable to consult a Broward County estate lawyer who specializes in estate planning and guardianship law. Your attorney can ensure the arrangement respects the rights and wishes of the ward, minimizes any potential for abuse or exploitation, and is valid and enforceable in the eyes of the law.
A guardianship is a legal proceeding in the circuit courts of Florida in which a guardian is appointed to exercise the legal rights of an incapacitated person. The process is governed by Chapter 744, Florida Statutes.
An incapacitated person is someone who has been judicially determined to lack the capacity to manage some or all of their property or health care decisions. This may be attributable to a condition such as dementia, Alzheimer’s disease, a developmental disability, a chronic illness, or an injury.
A guardian is a person who is appointed by the court to act on behalf of the ward. The guardian may be a family member, a friend, a professional, or an institution. The guardian must be at least 18 years old, a resident of Florida, and have no felony convictions or conflicts of interest with the ward.
Depending on the needs and circumstances of the ward, the court may appoint either a guardian or the person or a guardian of the property. A guardian of the person has the legal authority to make certain personal decisions for the ward, including where they may live, the type of medical care they may receive, and more. A guardian of the property, on the other hand, will have the right to make certain financial decisions and transactions on behalf of the ward, such as paying bills, filing taxes, applying for benefits, and more. A guardian may be appointed for either or both of these.
Importantly, courts can also appoint limited guardians, meaning a guardian who is only granted very specific powers by the court, or a temporary guardian, who will act as a guardian in the event of an emergency until a permanent guardian is appointed.
If you believe your loved one is ready for a guardianship, don’t wait–contact The Probate Lawyers today so you can tell us your story and so we can get started working toward the protection your loved one needs.
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