Are You or Your Loved One in Need of a Guardian?
Guardianship is a court-ordered legal relationship in which an adult – the “guardian” – is appointed to make decisions for another individual – “the ward” – who cannot make critical decisions for themselves due to disability, illness, or age. This includes minors, elders, and adults who are mentally or physically incapacitated.
It is essential to have a qualified and experienced guardianship attorney who can guide you through establishing guardianship. The team at the Law Office of Andrew G. Rosenberg, P.A. includes trustworthy Coral Springs guardianship lawyers specializing in this area. We will help you navigate the complex guardianship laws in Florida with ease.
Our experienced Coral Springs guardianship attorneys have years of experience representing families and individuals seeking to establish guardianship for their loved ones. We understand the legalities and complications that come with it, ensuring all your needs are met.
Schedule a free consultation with our team today to learn more about the ideal guardianship solution for your case.
What Types of Guardianships Are Available in Florida?
Under Florida Statute Chapter 744, guardianships may be established based on the ward’s needs.
1. Plenary Guardianship:
A plenary guardian is one who has full powers and authority to make decisions on behalf of the ward. This type of guardianship is typically established if the ward lacks the capacity for all personal matters, including medical care, financial issues, and legal decisions.
2. Limited Guardianship:
Limited guardianship is the least intrusive form of guardianship as it only grants the guardian authority over specific issues or activities. This type of guardianship is typically established for wards who have some capacity to make decisions but require assistance in certain areas.
3. Emergency Temporary Guardianship:
This type of guardianship is established when the court finds that there is imminent danger to the ward’s physical or mental health and safety, or their property could be wasted, misappropriated, or lost without immediate action. The authority of an emergency temporary guardian expires 90 days after the appointment or can be extended if needed.
4. Guardians of a Minor:
When a parent, family member, or other interested person petitions the court for a guardian of a minor (under 18), the court can appoint a plenary guardian with authority over the ward’s care and property. The minor is not required to attend the hearing on their guardianship unless otherwise directed by the court.
5. Standby Guardianship:
This type of guardianship is created to allow the guardian to prepare for any potential emergency. It gives the appointed standby guardian the authority to step in and act on behalf of the ward without further court proceedings if necessary.
Our guardianship attorneys in Coral Springs, Florida, can guide you on which type of guardianship is most suitable for your case, in addition to helping you understand and navigate the relevant laws and regulations. Let us be your legal partner in ensuring your loved one’s best interests are served.
How Is Guardianship Established?
Under Florida Statute § 744.2005, a petition must be filed in the county’s circuit court where the ward resides. The petition must contain specific information required by statute, including the names and addresses of all interested persons, a statement as to why guardianship is necessary, and an inventory of the assets of the proposed ward.
The court will hold a hearing on guardianship and may appoint attorneys for you (the petitioner) and the ward. The court will also appoint a guardian ad litem for the proposed ward, an independent attorney who looks out for the minor’s best interests.
Once guardianship has been granted, a guardian must be bonded by a licensed surety company and submit an annual report to the court. A guardianship typically expires 90 days after the ward reaches 18 years of age or when the ward is declared competent by the court, whichever occurs first.
Our Coral Springs guardianship lawyer can help you navigate guardianship matters, from filing the initial petition to gaining court approval and beyond. We can help ensure that all the necessary procedures are properly carried out and that the best interests of your loved one are protected every step of the way.
Contact us today for more information.
Who Can Serve as a Guardian in Florida?
Under Florida Statute § 744.309, anyone who is at least 18 years of age and a state resident may serve as a guardian. The court will consider the proposed guardian’s capacity, ability, fitness, and willingness to fulfill their duties. The court will also determine whether there is any conflict of interest between the guardian and the ward or their respective interests.
Furthermore, any non-resident of Florida who has an interest in the welfare of the resident ward may be appointed as a guardian under the following conditions:
- The non-resident must be related by linear consanguinity to the ward.
- A legally adopted child or adoptive parent who is a non-resident of Florida may serve as a guardian.
Besides the above, there are conditions for disqualified persons from being appointed as guardians, as defined in Florida Statute § 744.309(3).
Any person appointed as a guardian must fulfill all the duties of guardianship as prescribed under Florida Statute § 744.2007. Our guardianship attorneys understand the intricacies of guardianship law and can help ensure all legal requirements are met.
Contact us to discuss your guardianship matter today.
How Can a Guardianship Attorney in Coral Springs, Florida, Help You?
At the Law Office of Andrew G. Rosenberg, P.A., our Coral Springs guardianship lawyers understand how taxing and confusing guardianship proceedings can be. We strive to take the legal burden off you and your loved ones so that you may devote full attention to their welfare.
Here’s how we can help:
- Initiation of guardianship proceedings.
- Assistance in adhering to all applicable legal requirements.
- Representation at hearings and other court appearances.
- Representation before the appropriate judicial or administrative body with jurisdiction over the proceedings, including appeals.
- Assisting in obtaining court orders for guardianship investigations and reports.
- Resolving disputes over guardianship and related matters.
- Providing guidance on formulating a plan of action for the ward’s best interests.
- Preparation of any necessary petitions and documentation
- Helping in appointing a guardian.
- Working on guardianship modifications or terminations when needed.
- Helping draft any necessary legal documents.
If you are considering guardianship for your loved one, our guardianship attorney can help ensure the process is handled smoothly and efficiently. Reach out to us today to learn more about how we can be of assistance!