Articles Posted in Guardianship

As an experienced Florida guardianship attorney in St. Augustine, I have seen many court appointed guardians who do an excellent job taking care of another person and that person’s finances. However, there are times in life when a guardian becomes ill, incapacitated or even dies, leaving the ward (the person for whom a guardian has been appointed) without anyone to act on their behalf. Therefore, it is in the best interest of both guardian and the ward to have an alternate or standby guardian appointed.

The standby guardian assumes the Florida guardianship duties immediately when the guardian becomes incapacitated, resigns, is removed, or dies. The standby may not deal with the ward’s property except to safeguard it until letters of guardianship are issued. Within twenty [20] days after the standby assumes his or her duties they must petition the court for confirmation of the appointment. Having a back-up guardian in place, will give both guardian and ward the assurance that there will be no lapse in the care of the ward or in conducting financial matters.

A Florida Guardianship is an arrangement sanctioned by the Probate Court in which a person appointed by the Court (the guardian) takes responsibility, and has a duty of care towards another individual (the ward). Advances in medical care, and life-prolonging techniques have led to increased longevity, resulting in many Floridians living longer. This makes it more likely for disability to set in, as the more one ages, the more likely that person will suffer from mental or physical disabilities.

A Fernandina Guardian becomes necessary when the elder person is no longer able to care for his or her self or can no longer manage finances. A guardian can be appointed to look after the person (residential and medical decisions), the person’s property (real and personal property) and financial matters, or both.

An advantage to a court-supervised Florida Guardianship is the presence of the court as a “guardian angel” for the incapacitated individual and the family. The Florida Guardianship statutes are designed to confer on the guardian only those rights and duties necessary to ensure the well-being of the ward. If you are one of the many in Fernandina Beach who are caring for and assisting an elderly parent, relative or friend, it may be important to discuss your situation with a Fernandina Guardianship Attorney who can you advise you depending upon your particular circumstances.

A New York financial adviser illegally invested money from medical malpractice settlements for mentally and physically disabled children, by investing the money in risky bonds, despite the court order that the accounts be invested in low-risk bonds. These accounts, controlled by the children’s guardians, appeared to have been targeted because they were unlikely to notice the unsuitable trading.

Talking with an Orange Park Guardianship Attorney may help alleviate your fears when your disabled child has been awarded a sum of money from a legal settlement. Many Florida parents may not realize that when their disabled child turns 18, he or she becomes an adult and are responsible for their own decisions. This is true, regardless of their developmental disabilities.

It may become necessary for a guardian advocate to be appointed when a disabled child lack some but not all of the decision making tasks necessary to care for his or her person or property. A guardian advocate may consent to medical care, determine residence, and make decisions about social environment, as well as to act as representative payee of government benefits or to seek benefits. If you need guidance in making the decision to become a guardian advocate or to have one appointed, consult with an Orange Park Guardianship Lawyer.

A family member is not always qualified to act as guardian for a loved one who has been determined to be incapacitated, or unable to handle all, or some of the tasks necessary to care for themselves or their financial matters.

If you are the spouse or dependent of a person who has been deemed incapacitated, and who is under the control of a professional guardian, you may petition the court for an order directing the guardian of the property to contribute to your support from the property of the ward. A Ponte Vedra Guardianship Law Firm has the experience needed to petition the court for the support of a person financially dependent upon a ward. The court may enter an order for suitable support and education of the dependent person out of the ward’s property that is subject to the guardianship.

According to Florida guardianship statutes, a dependent means, in addition to those persons who are legal dependents of a ward under existing law, the person or persons whom the ward is morally or equitably obligated to aid, assist, maintain, or care for, based upon the showing of an existing need, and the ability of the ward to provide without unreasonably jeopardizing his or her own care.

A Florida guardian is a person appointed by the court to act on behalf of a person who is either a minor, elderly or incapacitated (the “ward”). In Jacksonville and Orange Park there are unfortunate instances when an unsavory guardian entrusted to protect the ward is actually the person exploiting the ward by draining finances or not providing for the best interest of the ward. There are also situations, when the court appointed guardian may isolate the ward from other family members and caring friends.

The Florida Guardianship Statutes provide numerous reasons which provide for the removal of a guardian. Legal issues must be researched as to the best course of action when commencing a termination. Termination of a guardian is often a complicated procedure which is best handled by an experienced Jacksonville Guardianship Attorney.

Fortunately, Florida law provides for several safeguards in which to notify the court of guardian abuse, and which allow the court to take the necessary actions to protect the ward and the ward’s assets. If you believe that an elderly or incapacitated ward is undergoing abuse or exploitation from a legal guardian, discuss your situation with an experienced Jacksonville Guardianship Attorney .