Ocala, FL Gainesville Guardianship Attorney
A guardianship is established when someone is incapacitated because of their age, mental decline or mental illness. The court appointed guardian will make decisions for the incapacitated person, also known as the “ward”, because they are not able to make decisions for themselves. This process can be complicated, so a Gainesville guardianship attorney will be critical to walk you through the process.
Types of Florida Guardianship
There are different reasons a person may be unable to make decisions regarding their own well being and, therefore, there are different types of guardianship you can apply for.
Guardianship of Incapacitated Adult
When a child has a developmental disability, their parents are able to make legal decisions for them. However, once a child legally reaches adulthood, his or her parent must be seek the court’s approval in order to continue representing them. You will first have to prove that the ward is incapable of making financial, legal and health related decisions before you can be appointed as their guardian.
Guardianship of Adult
As loved ones age, they may begin losing their ability to take care of themselves because of the mental and physical effects of getting older. If they prepared for a similar situation by establishing a living trust or advanced directives, you can avoid guardianship. However, if they did not, our guardianship attorneys will help you appoint a guardian and explain the associated responsibilities.
Guardianship of Minor
There are two types of guardianships that can be put in place for minors. Guardianship of property of a minor is established in the absence of a will or trust. The guardian will be responsible for distributing the estate, property, and personal injury or wrongful death claims among minors. Guardianship of person of the minor refers to the well being and care of the child. If the parents die or become incapacitated, the appointed guardian will take them in and make sure their needs are met.
Making Arrangements for a Guardian
If you suspect that you may be in need of a guardian in the future, you can choose a pre-need guardian. This is usually appropriate in situations in which people have a high probability of developing an incapacitating mental illness. In the event that you are rendered incapable of taking care of yourself, the court will already know who you want to be appointed as your guardian. When you are choosing your guardian, you should keep in mind the restrictions in place. Any Florida resident or close relative who lives out of state can become a guardian. However, people who have been convicted of a felony are not qualified. Banks or organizations can also become guardians of property.
Responsibilities of a Guardian
You may ask yourself, “what is guardianship?” Guardians are responsible for making financial and personal decisions for wards. If you are responsible for property, you must take inventory of the property, invest it properly and use it to benefit the ward. In order to remain accountable, you will need to file annual detailed reports on how the money was spent. Guardians of a person must provide adequate medical, mental and emotional care for their ward and must also decide where they will live. If it becomes clear that you are not carrying out your responsibilities correctly, you will be removed as guardian.
Guardianship Attorneys in Gainesville, FL
If you believe that a loved one is in need of a guardian because they are no longer able to make legal, medical and financial decisions, you will want to find a trustworthy guardianship lawyer in Gainesville, FL. At Schatt Hesser Mcgraw, we understand how difficult it can be to decide that a loved one needs a guardian so we will provide you with compassionate and thorough representation. Contact our Gainesville law office today to see how we can help you.