Voluntary, Involuntary, Emergency & Elder Guardianship in Florida
At Walser Law Firm, your Florida guardianship attorney will be able to guide you through every step of creating a guardianship, which is a legal relationship established by the court in which a trusted individual is appointed to exercise the legal rights of a ward.
Our Probate Attorneys Represent Families, Guardians, and Wards
The court will only appoint a guardian to care for a ward who meets the “incapacitated person” definition under Florida Statute Chapter 744. A minor, a person with a disability, or an older adult may be considered incapacitated if they cannot decide about property or health.
Our team has more than 35 years of experience protecting the rights of wards and helping those responsible for their wellbeing.
Walser Law Firm represents:
- Family members seeking guardianship.
- Guardians acting on behalf of their wards.
- Wards requesting adjustment or termination of the guardianship.
Types of Guardianship
Guardianship only lasts as long as the ward remains incapacitated. The ward’s rights will be restored once a minor child reaches the age of 18 or is capable of making decisions. Also, the court may grant partial guardianship in some circumstances. For instance, the court might give financial guardianship to a bank or a family member for someone who can care for their physical needs but cannot manage complex financial affairs.
The guardian must act in the best interests of the ward. However, the duties and duration of the relationship depend on the situation, which may include:
Voluntary guardianship
The ward requests the appointment of a guardian to help with property maintenance or assist with physical or medical needs.
Involuntary guardianship
Another party files a petition seeking guardianship of a person incapacitated by illness, injury, age, or mental illness.
Temporary/emergency guardianship
Florida families may find that in some cases, a temporary guardian is appointed upon the ward’s sudden incapacitation — due to a sudden illness or injury, for example — to act during a temporary period of incapacity or until a permanent guardianship can be established.
Guardian advocate
The court may appoint a guardian advocate for an individual with developmental disabilities to obtain legal authority to act on their behalf if they lack the decision-making ability to do some (but not all) of the decision-making tasks.
Court-Determined Incapacitation
The court will not grant guardianship to someone who makes poor and unhealthy choices; the person must be considered incapacitated. Before ruling a person incapacitated, the court orders an exam to assess the person’s physical, mental, and functional capacity.
A presumption exists that a minor child cannot enter into contracts and make particular healthcare and property decisions.
However, the courts have the authority to rule a child emancipated, meaning the minor is legally treated as an adult. Otherwise, the parents are typically considered a child’s guardian. If the parents can no longer care for the child — because of death, illness, neglect, or abuse — the court may appoint another guardian who assumes many of the parent’s responsibilities until the child reaches 18 years old.
Our Team
Walser Law Firm is ready to work on your behalf, from wills and trusts to probate and trust administration to Medicaid planning.
Our experienced team of attorneys is here to help you navigate your estate plan and the Florida probate process, with a wide range of expertise and specialty service provisions that cover all of you and your family’s legal needs as you age.
Send Us a Message
WE PROMISE TIMELY SERVICES AND QUICK RESPONSES
Learn More About Guardianship from Our Florida Probate Attorneys
Walser Law Firm can help you establish a guardianship or handle other matters related to the legal relationship. Call our Florida guardianship attorneys at 561.750.1040 or email us to schedule a consultation to strategize a solution to your circumstances.
Practices
BUSINESS HOURS
- Mon - Fri
- -
- Sat - Sun
- Closed
24-Hour Emergency
For Wills, Trust and Probate Attorney
By appointment only