Are you looking to obtain Guardianship in the State of Florida? You will require an attorney to get the job done. The complexities of Guardianship under Florida law can be overwhelming for the regular Joe. Therefore, we recommend you connect with us and get started with the process of obtaining Guardianship. But before you do that, let’s discuss what entails the process and what you should expect from a Jacksonville guardianship lawyer.
After all, you want to know the process to be prepared in advance.
What is Guardianship?
Guardianship is a legal arrangement where a person is appointed by the court to make decisions for and care for another person who cannot do so for themselves. This can include minors, elderly individuals, or people with disabilities or mental health issues.
The appointed guardian assumes legal responsibility for making decisions about the individual’s well-being, such as medical care, education, housing, and financial management. The guardian is expected to act in the best interests of the individual they are appointed to protect and advocate for their rights.
In most cases, Guardianship is a last resort when no other less restrictive alternatives, such as the power of attorney or health care proxy, are appropriate or available. The court closely supervises guardianship arrangements to ensure that the rights and interests of the individual are protected.
What are the types of Guardianship?
There are several types of Guardianship, each with its specific purpose and legal requirements. Let’s discuss the different types of Guardianship in brief.
Preneed guardian, as the term suggests, is often selected by an adult in the event they become incapacitated in the near or far future. The adult should write this decision, sign it, and present it to the court with at least two attesting witnesses. The court must appoint the Preneed Guardian if the petitioner is ever incapacitated.
Individuals can file for voluntary Guardianship if they need assistance related to self-care. Not just that, voluntary Guardianship helps the petitioner manage their property. Guardianship is often filed if the individual can’t perform the tasks due to age or physical condition.
Emergency Temporary Guardianship
The court entertains special cases that require immediate Guardianship. Emergency Temporary Guardianship is offered when the court finds the individual is in immediate danger. The danger can be related to physical or mental health and the threat to the individual’s property. Such types of Guardianship can be awarded if the property mentioned in the petition is at risk of being wasted, misappropriated, or lost.
If the court finds the individual partially incapacitated, it will offer Limited Guardianship. The court will order the individual to make some, but not all, of the decisions related to self-care and property management. You should know the person under limited Guardianship will have to relinquish some of their rights.
Full (Plenary) Guardianship
Lastly, it would help if you learned about full or plenary Guardianship. The court orders full Guardianship when it finds that the individual cannot perform any of the tasks involved in effective self-care or property management. Full Guardianship is often referred to as the most restrictive type of Guardianship. The guardian, in this case, has complete freedom to enter into contracts, sue or defend lawsuits, manage properties, apply for government benefits, make decisions about where the person will live, and more.
Why do you need a Jacksonville guardianship lawyer?
Now that you know how complex the entire process of obtaining Guardianship for minors and senior adults is, it is time you realize the importance of hiring a reputable guardianship lawyer in Jacksonville, FL. So, what are the benefits of hiring a guardianship attorney?
✅ Preparing A Perfect Initial Petition
✅ Ensures You Fulfill Fiduciary Obligations
✅ Complete Knowledge of Guardianship Laws
✅ Ensures Rights and Assets are Protected
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Do you need a Personal Injury, Guardianship, or Family Law Attorney? Feel free to Contact Us or Schedule a Consultation today! We really look forward to hearing from you and being able to assist you in your legal matters.