Blogs from June, 2021

Wooden cutouts of parents walking with a child in front of a gavel.

As individuals age, they become more prone to being incapacitated due to major injuries and illnesses. If an individual does become incapacitated, it may be necessary to petition for guardianship to ensure the best interests of all parties involved are upheld. Our Florida guardianship attorneys outline what you need to know below.

Types of Guardianship

Many people assume guardianship only concerns people, while guardianship can also be established over property. While they are often both required simultaneously, there are instances where only one is needed.

Guardianship of Property

Guardians of property hold the obligation to collect and take control of a ward’s assets, which includes bank accounts, stocks, and any real estate. Once an initial inventory is filed, the assets are placed under the name of the guardian, and it is their responsibility to safeguard all assets and make sure they are spent for the ward’s best interests.

This also includes the responsibility of paying any outstanding bills, maintaining real property, and distributing the property funds to the guardian of the person or the ward in a timely manner.

Guardianship of a Person

The guardianship of a person is far more complicated than guardianship over property. When an individual is deemed incompetent by mental health or by law, the state will appoint a guardian to watch over the ward and make important life decisions. These decisions include:

  • Residence
  • Visitation
  • Medical care
  • Socialization
  • Travel

These guardians must also file an annual report with the court on their current health and status until the cause for incapacity is no longer relevant.

Who Can Be a Guardian?

While the guardian of the property and the guardian of the people can be the same person, there are three types of guardians outlined in Chapter 744 of the Florida Statutes:

  • Family guardian: Typically a relative such as a grandparent, adult sibling, or aunt/uncle.
  • Professional guardian: Someone appointed by the court to be the guardian of an individual when family members cannot agree.
  • Public guardians: These are guardians appointed by the court for individuals without family or friends.

Contact Our Florida Guardianship Team Today

We understand the intricacies of guardianship law and how confusing the process can be. Florida law requires all guardians to be represented by an attorney, and there is no one better for the job than our seasoned attorneys here at Adrian Philip Thomas, P.A..

To schedule a free consultation with our team, do not hesitate to contact us today through our website or give us a call at (954) 764-7273!

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