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| Guardianships are established for people who need representatives to oversee their own personal affairs or finances. This may include individuals who have become incapacitated or children who have lost their caregiver. Guardianships and are court proceedings that need to be filed in court and decided on by a judge. A person can be nominated as a guardian by another document, such as a will, or if no one is available to act in that capacity, the court will select someone for you. A guardianship may be full or limited to certain duties deemed appropriate by the court. There are two types of guardianship proceedings in Florida. They are guardianships of minors and/or their property and guardianships of adults and/or their property. Guardianship of Minors: Guardianship of a minor is usually vested in his or her natural parents, but sometimes the parents may be deceased leaving minor children. This is usually the case. Minors can also receive money through inheritance or lawsuits and if this amount is greater than $5,000 then Florida law requires that the minor's funds be held in a guardianship until the minor reaches age 18. These are relative simple procedures, but an attorney will be needed to establish the guardianship. |
| Guardianship of Adults: Before an adult may be placed into a guardianship, there must be a finding by the court that the individual is incompetent to make his or her own decisions regarding their own well-being and/or manage their property. The court will appoint appropriate medical professionals to make recommendations to the court as to whether or not the individual is capable or not capable to make the decisions regarding their own well-being and/or manage their property. As a result of the use of medical professionals, the costs of arriving at a decision are increased substantially. After the guardianship of an adult has been established, there will be continued need for the guardian to use an attorney as matters come up on a regular basis until the guardianship is terminated. If you are considering establishing a guardianship for a resident of Florida, contact us to speak with an experienced guardianship attorney. |
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