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Daniels Law, P.A.

Family Law Attorney

(239) 214-6010

Notice: Due to COVID-19, we will be conducting all consultations either via video chat, phone, or email. Please don’t hesitate to call us if you have any questions!

Guardianship

Always Putting You and Your Family’s Needs First

What is Guardianship?

Guardianship is a legal proceeding in the state of Florida, where the court appoints a guardian to help make legal decisions for an incapacitated person (aka ward). A guardian can be an individual or institution.

Who is considered to be incapacitated?

When an adult individual has been judicially determined to be unable to take care of themselves by securing clothing, food, shelter and are unable to manage their financial affairs due to a physical or mental condition.

If an individual is found to be partially incapacitated by the court, a guardian will be appointed only for the rights the ward is incapable of managing.

Who Can be Appointed as Guardian?

Any resident of Florida who is an adult related or unrelated to the ward can be appointed except those who have been convicted of a felony or are incapable of carrying out the duties of a guardian.

What Does a Guardian Do?

A guardian is given authority and decision making over the ward’s property and other rights that may have been removed from the ward and given to the guardian such as medical, mental, personal care services and residential setting decisions that are in the best interest of the ward.

The guardian must keep good records and each year must present to the court a yearly detailed plan for the ward’s care along with a physician report.

Does a Guardian Have Accountability?

Yes, a guardian must be represented by an attorney (attorney of record). All annual reports from a guardian are reviewed by the clerk of court for approval. If a guardian does not carry out their responsibilities properly, the court may remove them as guardian.

Hire a Reputable Attorney?

For guardianship, when you are in need of an attorney of record, Daniels Law, PA has dedicated her career to serving clients in her community. When you work with Attorney Daniels, you work directly with a lawyer, not a staff member or paralegal. Contact Daniels Law, P.A., for guardianship assistance.

Call Daniels Law, P.A. today at (239) 214-6010

Guardianship