Is your mother or father or loved one unable to make financial decisions for themselves?

 

Has your relative been the victim of a financial scam?

 

Do you know what happens when your child turns 18 and has a developmental disability such as autism? 

 

If you need to protect the health, welfare, or property of a loved one who is unable to make decisions for themselves, then a Guardianship may be required. After initiating a Guardianship proceeding, the Court decides what rights the individual (also known as the Ward) will no longer retain, and the Court will determine who to appoint as the Guardian to make the decisions on behalf of the Ward. 

 

Under Florida Statutes 393.12, a Guardian may be appointed by a Probate Court to handle the decision-making tasks necessary to care for the person or property of a minor child or an adult (also known as a Ward), who is (i) developmentally disabled or (ii) adjudicated incompetent by a mental health professional or by law. 

 

Some of the decisions a Guardian would make on behalf of a Ward may include but are not limited to, medical treatment, education, counseling, applying for benefits, property, and asset protection.

 

The following are the different types of guardianship in Florida:

 

• Guardianship of the Person

• Guardianship of the Property

• Guardian Advocacy

 

Under Florida Probate Rule 5.030, all guardians, except guardian advocates, must be represented by an attorney. Therefore, it is vital to speak to an attorney who understands this emotional process. If you need an attorney or have any questions regarding guardianship in the State of Florida, please call The Soto Law Office, P.A. at 321-972-2279 immediately. We will discuss how our firm can help guide you and your family through the many complicated legal and financial details involved in the guardianship process. 

 

For more information regarding the Guardianship process, review our featured article, “8 Steps to Guardianship in Florida”, as well the video on our YouTube Channel.