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Guardianship

Guardianship

Guardianships generally fall into two categories. A senior who is incapable of making their own decisions, and a minor who needs court supervision.

We strongly encourage our clients to have proper estate plan documents in place BEFORE you might need them. If you wait to have a Power of Attorney executed, then a guardianship is necessary. It is a court process whereby the court deems the senior is “incapacitated” and usually an adult child becomes the guardian.

What are the tell-tale signs for a guardian?

  • Is the senior mishandling their finances?
  • Is there significant weight loss or eating habit changes?
  • Are there personal hygiene issues?

If these issues are present, then it is probably time to have a guardian appointed by the court.

Minor Guardianships

We generally handle guardianships for minors when a minor is getting a large settlement, greater than $15,000. The Florida Legislature mandates that a guardian is appointed to protect the interests of the minor. It is not an overly complicated process, but it does take a few months.

Duties of Guardian

The primary duty of the appointed Guardian is to maintain the best interests of the Ward. This generally includes having the Ward’s monies placed into a restricted bank account and notification and approval from the Court when monies are used. We work out a monthly budget with our clients, and submit a request once to the Court to meet the regular monthly needs of the Ward.