Guardianship
Whether you are concerned for a loved one and seeking to protect them, or whether you are objecting to the choice of others who would like you to have a guardian, we understand the difficult array of emotions behind the situation. We can help lead you through the process and provide you with guidance and support. If you are appointed a guardian to protect the interests of another, we can lead you through the probate court process and provide advice about your fiduciary role and duties.
Florida has a large number of senior citizens with no local family to look to for support. If you did not select a Power of Attorney and a Health Care Surrogate while still competent, a judge could appoint a guardian to take care of you, your property, or both if you become incapacitated.
Because of past abuses of the system, the legislature and the courts have imposed restrictions on guardianships that tend to make them expensive and create a lack of privacy. When the guardian is appointed, the Durable Power of Attorney or Health Care Surrogate may not remain in force. At our office, we seek to avoid the guardianship process, but at times no other options exist. In general, though, the expense outweighs the benefits, and we help our clients look for less restrictive alternatives of which they may not be aware.