MIAMI GUARDIANSHIP ATTORNEY
A Miami guardianship attorney can assist you to determine whether Florida Guardianship is required for your loved one.
Florida Guardianship is typically needed when a minor receives property in excess of $15,000 dollars or when an individual is deemed to be incapacitated. The minor or the person deemed to be a incapacitated is called the “Ward.” In a Guardianship proceeding, certain rights of the Ward are removed and delegated to the appointed guardian.
There are two general categories of guardianship: guardianship of the person and guardianship of the property. A guardian for the person will have the right to make decision for the Ward in regard to medical care, determine residency of the ward, and to make decisions about the Ward’s social environment or other social aspects. Fla. Stat. § 744.3215(3)(e)-(g). A guardian of the property will have the right to enter into contracts, conduct litigation, apply for government benefits, and manage property of the Ward. Fla. Stat. § 744.3215(3)(a)-(d). The guardian will only have those rights as removed by the Court.
NATURAL GUARDIANS FOR MINORS
The parents of a minor are considered to be the natural guardians and are entitled to the care and custody of the minor without court order or appointment. However, if the minor’s assets exceed the value of $15,000 in value, it is necessary for a guardian of the property to be appointed. This is typically the case when the minor is receiving property through an inheritance or other type of settlement. Our Miami guardianship attorneys can assist you with the Guardianship process, call us today to schedule a free consultation.
PETITION TO DETERMINE INCAPACITY
A person is deemed to be incapacitated if the or she has been judicially determined to lack the capacity to manage at least some of his or her property or to meet at least some of the essential health and safety requirements of the person. Fla. § 744.3215(3). Before the determination of incapacity, a Guardianship court will look to the least restrictive means of providing care for the person who is incapacitated. This is due to the fact that in Guardianship, certain rights as listed above, are removed from the Ward.
A Miami Guardianship attorney or a Miami estate planning attorney can help you determined whether the person still has capacity to enter into less restrictive alternative like a Durable Power of Attorney or a Health Care Surrogate.
At Perez Roman Law, PLLC, our guardianship attorneys can help you file the Petition to Determine Incapacity. Once the Petition is filed and the Ward is giving notice, a three-person committee is appointed by the court to determine the extent of incapacity (if at all) of the Ward. A guardianship attorney will also be appointed on behalf of the Ward unless he or she already has one to protect the Wards rights during the Guardianship process. A hearing will take place after the committee produces its report and the Guardianship court will hear the Petition to Determine Incapacity and determine to what extent the Ward is incapacitated.
APPOINTMENT OF GUARDIAN
Any resident of the State of Florida who has legal capacity and is 18 years of age, may serve as a guardian. Fla. Stat. § 744.309(1). A non-resident of the State of Florida may serve as a guardian if he or she has a close relationship with the Ward. Fla. Stat. § 744.309(2).
The court will look for a person who is “fit and proper and qualified” to act as guardian, whether that person is related to the ward. Fla. Stat. § 744.312(2). However, the court will give preference to the appoint of a guardian who is related to the ward by blood or marriage. Fla. Stat. § 744.312(2)(1). The court will also consider the wishes expressed by the incapacitated person as to whom should be appointed.
COST IN INCAPACITY PROCEEDINGS
The reason why it is so important to plan ahead of time in the event of incapacity is because Guardianship is an expensive process. The Petitioner, the person filing the Petition to Determine Incapacity, will have to find representation with a guardianship attorney. The guardianship attorney will help the Petitioner file the Petition to Determine Incapacity as well as comply with other requirements of the law.
Unlike the fees for the Petitioner’s guardianship attorney which are paid by the Petitioner, the court-appointed guardianship attorney and the examining committee are paid by the guardian of the property of the Ward, from his or her assets.
TALK TO A MIAMI GUARDIANSHIP ATTORNEY TODAY
When you speak with a Miami guardianship attorney on time, it may be possible to avoid the Guardianship proceedings. However, even if a guardian must be appointed, our guardianship attorneys are here to help. We understand that Guardianship is a delicate process, and we are here to support you every step of the way. Call our office today at (305) 489-1415.