Understanding The Role Of An Adult Guardianship Lawyer In Florida

When a person is no longer able to look after themselves or manage their personal affairs, a guardian may need to be appointed to ensure that their best interests are protected, and that they do not suffer harmful neglect.

In Florida, guardianship is regulated by a complex legal framework that sets out strict requirements that must be met before guardianship can be established.

If you are concerned that a loved one is no longer able to care for themselves, an adult guardianship lawyer can help you to understand the requirements and navigate the complicated appointment process. And, once you have been appointed as a guardian, their assistance will be indispensable in helping you to ensure that you comply with your legal obligations and act in your loved one’s best interests.

What Is Guardianship?

Guardianship is a special kind of legal relationship that is established by a court between two people, a guardian and their ward. Under Florida law, guardianship arrangements can be categorized in several different ways:

• minor guardianship, for children whose parents are absent, incapacitated or deceased; and adult guardianship, for adults who are incapacitated due to severe mental illness or disability, or for elderly persons who are no longer able to care for themselves;
• Limited guardianship, which gives the guardian the authority to manage only some aspects of their ward’s personal affairs; and plenary guardianship, which gives the guardian the authority to manage all aspects of their ward’s personal affairs; and
• Emergency temporary guardianship, in terms of which the guardian is appointed for a limited period until their ward regains capacity; and permanent guardianship, in terms of which a guardianship appointment is indefinite but subject to periodical re-evaluation.

Understanding which type of guardianship will best cater to your loved one’s needs can be challenging. Consulting with an adult guardianship lawyer will give you greater clarity on the type of guardianship most suitable for your circumstances, how to apply to become a guardian, and the specific obligations you will have once appointed.

What Is The Role Of An Adult Guardianship Attorney?

Your lawyer’s role will not be limited to helping you obtain a guardianship appointment in respect of your loved one. They will also become a trusted advisor throughout your guardianship, helping you to navigate compliance procedures, protect your ward’s interests, and resolve any disputes that arise.

Let’s take a closer look at the pivotal role your guardianship attorney will play.

1. Determining whether guardianship is appropriate and preparing a petition

First and foremost, a guardianship lawyer will help you to prepare your petition to become a guardian. This can be a lengthy process that begins with a consultation to help you decide whether guardianship would be in your loved one’s interests, and whether you meet the legal requirements to be appointed as a guardian.

Your lawyer will then draft a petition for incapacity, which sets out why you believe your loved one is no longer able to care for themselves. The petition will also request that the court order a panel of medical professionals to examine your loved one and determine if they are incapacitated.

2. Representing the guardian at the guardianship appointment hearing

Your attorney will also represent you at the court hearing in which the panel’s recommendations are presented, and answer any questions the court may have regarding your suitability for appointment or the type of guardianship most appropriate for your loved one.

It is critical that you hire an experienced adult guardianship lawyer to represent you throughout the appointment process, as preparing a persuasive petition, filing the correct legal documents, and presenting a clear, convincing argument to the court requires a comprehensive knowledge of guardianship law, skillful drafting and a solid grasp of the applicable court procedures.

3. Advising the guardian on their obligations

Once you have been appointed as a guardian, your guardianship lawyer will advise you on your legal obligations towards your ward. If you are uncertain what your duty of care towards your ward requires of you in a particular circumstance, your lawyer will guide you towards a considered decision that takes your ward’s best interests and your legal duties into account. In plenary guardianship arrangements, you will have sweeping powers in respect of every aspect of your loved one’s life – a daunting responsibility. Knowing that you have a trusted advisor who acts as a sounding board for important decisions you make on behalf of your loved one will give you peace of mind that you are discharging your duties properly.

4. Facilitating legal compliance

Guardians are ultimately accountable to the court in the discharge of their duties, and are required to submit various reports and documents to the court to demonstrate that they are managing their ward’s affairs in compliance with the law. For example, guardians are required to submit an initial guardianship plan to the court soon after their appointment, in which they set out how they intend to care for various aspects of their ward’s affairs, including managing their property, determining where they will reside, what medical treatment they will receive, etc.

Every year, the guardian must update this plan and file an ‘annual plan’ with the court, setting out any changes to their ward’s circumstances. Guardians must also provide the court with an annual accounting of their ward’s assets and finances. Complying with the many administrative burdens placed on guardians can be difficult and time-consuming: with a meticulous adult guardianship lawyer representing you, complying with your legal duties as an adult guardian will be much easier.

5. Protecting the ward’s best interests

Throughout the process, your guardianship lawyer is also obliged to represent the best interests of your loved one. By advising you of your legal obligations towards your ward and helping you to navigate any challenging decisions that arise while you are a guardian, your lawyer is also ensuring that your ward’s interests are protected.

As an independent advisor removed from the emotional complexities of the situation, your lawyer will be able to provide you with a qualified, third-party perspective on whatever decisions you face as a guardian, helping you to ensure that whatever decisions are taken are ultimately in your loved one’s best interests.

6. Navigating disputes

Unfortunately, it is not uncommon for guardianship appointments to become contested, or for disputes to arise over the management of the ward’s affairs. For example, a family member with ulterior motives may challenge your petition to be appointed as guardian, or may disagree with how you are managing your loved one’s property. In these cases, it is crucial that you have a guardianship lawyer with expertise in navigating contested guardianship proceedings to represent you.

Alternatively, you may be the loved one of a ward whose guardian is neglecting their duties or abusing their powers. It is strongly recommended that you approach a reputable adult guardianship lawyer to help you bring a petition to remove your family member’s guardian and appoint a suitable alternative if this is the case.

An Experienced Guardianship Attorney Is Here To Help

Whether your elderly relative is no longer able to take of themselves or your adult child is incapacitated due to mental illness, a guardianship arrangement will help you to ensure that their needs are taken care of and their interests protected.

The guardianship lawyers at Astor Simovitch are here to guide you every step of the way as you navigate Florida’s guardianship process, from filing a detailed petition for incapacity to helping you to prepare a meticulous guardianship plan that complies with the court’s requirements.

For exceptional legal representation from compassionate guardianship law specialists, contact us today at 561-419-6095.