How A Guardianship Attorney Can Help Secure A Young Adults Future

Life can be unpredictable, and for families with loved ones struggling with mental health disorders and co-occurring substance abuse, ensuring their well-being can be challenging. In these cases, establishing legal guardianship is often necessary to provide stability and support.

At Astor Simovitch, we specialize in helping families navigate the complex guardianship process for young adults who are unable to manage their personal, medical, or financial affairs due to these conditions. Our experienced guardianship attorneys guide families through legal proceedings to ensure their loved ones receive the care and protection they need.

What Is A Guardianship Attorney?

A guardianship attorney is a legal professional who specializes in helping individuals establish legal guardianship arrangements. Guardianship is recommended when an individual needs a guardian to manage their personal, medical, and financial affairs.

Choosing and finalizing a guardian can be complex, and an attorney can help navigate these waters by guiding the person of authority through legal, economic, and social considerations. A guardian ensures that the individual receives appropriate medical care, financial management, and personal support.

While state law outlines a guardian’s specific powers and duties, there are different types of guardianship.

Plenary Guardianship

Sometimes referred to as full guardianship, plenary guardianship grants complete authority over a ward’s personal, medical, and financial decisions. This form of guardianship mainly occurs when the ward is unable to manage these aspects of their life on their own, such as when a parent passes away.

Limited Guardianship

A court may grant a guardian authority over only certain aspects of an individual’s life, allowing them to retain some level of independence while still receiving necessary support.

Co-guardianship

In co-guardianship, two or more individuals share the responsibility of acting guardians. The arrangement ensures that duties and decisions are divided and jointly managed.

Temporary Guardianship

Sometimes, an individual may need short-term guardianship, such as during a crisis or while undergoing intensive treatment. Temporary guardianship ensures that someone trusted is managing their affairs during this period.

Estate Guardianship

When an individual has financial assets but is unable to manage them due to their condition, an estate guardian can be appointed to oversee and protect their finances.​​​​​​

How Can A Guardianship Attorney Help?

The duties of a guardian may differ slightly depending on the specific case, but the responsibilities of a guardian attorney are consistent across the board.

• Legal Guidance – Helping families understand the guardianship process and their responsibilities.
• Court Representation – Assisting with filing petitions and representing clients in court hearings.
• Conflict Mediation – Resolving disputes between family members or other interested parties.
• Compliance Support – Ensuring compliance is maintained throughout the legal proceedings, such as reporting to the court.
• Guardianship Modifications or Termination – Assist with changes to guardianship arrangements as circumstances evolve.

Key Considerations When Planning for Guardianship

Some situations allow time to prepare for guardianship—such as entering a rehabilitation program—while others happen unexpectedly. Planning ahead ensures that your future and well-being are protected, no matter the circumstances.

When consulting with an attorney to create legal documents and designate a potential guardian, the following tips should be considered.

Think About The Short Term

Choosing a potential guardian can be an overwhelming decision. Focusing on the next five years can make it more manageable, giving you space to reevaluate and adjust as life changes. Your needs may evolve, so consider this a flexible process that can be updated over time.

Assess Your Priorities

Safety, stability, and emotional well-being are paramount when choosing a guardian, and they should be considered above personal relationships.

Consider Financial Stability

A guardian should have the financial means to handle responsibilities such as healthcare, housing, and general living expenses. If someone is financially unstable, it can place strain, and they may not be the best fit.

Have A Discussion With Potential Guardians

Clear and open communication is key. Talk to your chosen guardian about your expectations and make sure they’re willing and prepared to take on the role. Honest discussions help uncover potential challenges and create a smoother transition if the time comes.

Hire An Experienced Attorney

Working with an experienced guardianship attorney ensures your plan is legally sound and tailored to your situation. A good attorney can guide you through the process with care, ensuring your wishes are respected and legal requirements are met.

Experienced Guardianship Attorneys In Florida

At Astor Simovitch, we are committed to saving families and their loved ones by creating a plan of action that promotes healing. We understand that each case is unique, and we bring our expertise to each situation, offering guidance on the best way forward when securing guardianship.

Sign up for a free consultation online, or call us at 561-419-6095 to find out more.