Legal Help With Guardianships

Guardianships are legal processes in which the rights and property of a person deemed incapable of managing their own affairs are exercised by another adult. It is possible to avoid the guardianship process with the help an estate planning lawyer. However, if you are currently involved in a situation where it may be necessary to seek a guardianship for a loved one, the attorneys at the law firm of Allender & Allender are here to help. To schedule an initial consultation, call our main office in Titusville at 321-529-2448.

Guardianships For Adults

Any adult may file a petition with the court to determine whether another person is incapacitated. The court will appoint a committee of two professionals, usually someone with a medical background and a layperson, to examine the individual and report their findings to the court. An attorney will also be appointed to represent the allegedly incapacitated person. If the committee determines that the person is incapable of exercising certain rights, the court will schedule a hearing to determine whether the person is partially or totally incapacitated. A guardian is usually appointed at the end of that hearing.

The guardian must take an inventory of the incapacitated’s property, invest it prudently and use it for the incapacitated’s support. The guardian must account for their actions by filing detailed annual reports with the court. In addition, court approval must be granted for certain financial transactions. The guardian may also be responsible for making determinations regarding mental and personal care services, and determining the place and kind of residential setting best suited for the incapacitated.

Guardianships For Minors

A child’s parents are considered to be the child’s natural guardians and, in general, may act on behalf of the child. In circumstances where one or both parents die or become incapacitated, or if a child receives an inheritance, proceeds of a lawsuit or insurance policy exceeding $15,000, the court must appoint a guardian. Once a guardian for a minor has been appointed, the guardian must essentially meet the same requirements as a guardian appointed for an adult.

Contact Us To Learn More

For skilled legal guidance to the guardianship process, call 321-529-2448. You may also contact us online and we will respond to your message promptly. With offices in Titusville, Cocoa Beach and Oviedo, we serve clients across central Florida.