Guardianship is the legal process sometimes necessary to provide an official, court-appointed decision-maker for another person. For example, a person suffering from dementia and medical decisions may be determined to be incapacitated to manage their medical care, money, settlement of a lawsuit or claim, or to manage their own need for residential care or placement. Injury, medical crisis or other illness or disability can create a need for guardianship, as well. On occasion, a minor who is developmentally normal may need a guardian appointed to manage a car accident or injury claim, or to receive and manage an inheritance to the minor which exceeds $15,000.00 in value. A Guardian Advocate is a similar, but streamlined process designed to meet the needs of a developmentally disabled person over the age of 18 who is unable to exercise all of his/her legal rights.
It is notable that thorough estate planning can, in many cases, avoid the need for the appointment of a legal guardian. Because guardianship can be expensive and time-consuming, and because appointment of a guardian significantly impacts the legal rights of the person subject to guardianship, it is important to evaluate the existence of any and all estate planning documents which may serve as an alternative to guardianship. We encourage families to thoroughly consider their estate planning objectives in advance of a personal crisis to create an opportunity for this lesser restrictive alternative to meet their needs.
The Spira Law Group will provide you efficient, effective, and knowledgeable advocacy and representation in simple, voluntary, or contested guardianship actions, minor’s guardianship, foreign guardianship and guardianship transfer issues, guardianship advocacy actions for developmentally disabled individuals or those with special needs. We also assist with effective pre-need planning and guardianship-avoidance planning techniques.
To learn more about guardianship in Florida, click here.