A Miami guardianship attorney can assist you to determine whether Florida Guardianship is required for your loved one. In a Guardianship proceeding, certain rights of the Ward are removed and delegated to the appointed guardian.
There are two general categories of guardianship: guardianship of the person and guardianship of the property:
A guardian for the person will have the right to make decision for the Ward in regard to medical care, determine residency of the ward, and to make decisions about the Ward’s social environment or other social aspects. Fla. Stat. § 744.3215(3)(e)-(g).
A guardian of the property will have the right to enter into contracts, conduct litigation, apply for government benefits, and manage property of the Ward. Fla. Stat. § 744.3215(3)(a)-(d). The guardian will only have those rights as removed by the Court.
The parents of a minor are considered to be the natural guardians and are entitled to the care and custody of the minor without court order or appointment. However, if the minor’s assets exceed the value of $15,000 in value, it is necessary for a guardian of the property to be appointed.
The guardianship for the minor will last until the child turns 18 or there is an structured settlement until the child turns 18.
When dealing with guardianship for a minor, the Guardianship Court will always look out for the best interest of the child. Florida has a strong public policy for protecting minor children.
A person is deemed to be incapacitated if the or she has been judicially determined to lack the capacity to manage at least some of his or her property or to meet at least some of the essential health and safety requirements of the person.
A petition to determine incapacity is never easy. If you get to this point, it means that your loved one really needs your help.
Before declaring someone incapacitated, the court will try to look for other alternative to the guardianship. If the person has capacity, sometimes signing Advanced Directives is a better alternative to the incapacity proceeding.
Once a person have been declared incapacitated, whether partially or fully, the Guardianship Court will make a determination of who will be the Guardian.
Guardianship although needed can be cumbersome. The guardian has a fiduciary duty to the ward (the person declared incapacitated). Annual accounting will need to be filed and permission will be needed from the court to access the wards funds.
The reason why it is so important to plan ahead of time in the event of incapacity is because Guardianship is an expensive process. The Petitioner, the person filing the Petition to Determine Incapacity, will have to find representation with a Miami guardianship attorney. The guardianship attorney will help the Petitioner file the Petition to Determine Incapacity as well as comply with other requirements of the law.
Unlike the fees for the Petitioner’s guardianship attorney which are paid by the Petitioner, the court-appointed guardianship attorney and the examining committee are paid by the guardian of the property of the Ward, from his or her assets.
When you speak with Miami guardianship attorney Alain Roman on time, it may be possible to avoid the Guardianship proceedings. However, even if a guardian must be appointed, guardianship attorney Alain Roman is here to help. We understand that Guardianship is a delicate process, and we are here to support you every step of the way. Call our office today at (305) 489-1415.
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