Navigating the waters of family law can be difficult on any level, but when legal aspects involving guardianship arise, they can be even more challenging for all parties involved. To help adults with disabilities obtain the support they need to live fulfilling lives, it’s crucial to look at the process of legal guardianship for adults with disabilities florida through the lens of a family law perspective. Scott L. Levine, who brings over four decades of experience as a family law attorney to the table, focuses his practice on delivering compassionate counsel to his clients and their families.
The majority of Florida family law situations center around legal guardianship, which is put in place to protect those who are unable to manage their affairs through either mental incapacity or disability. When a guardian is appointed, he or she gains the authority to make legal decisions on behalf of the Ward, enabling them to help manage finances, medical care, schooling, asset protection and trusts, among other issues. The intent is to ensure that all aspects of the Ward’s life are tended to in a manner that protects their health and the assets that they have earned over the course of their lives.
If capable, children with disabilities and mental incapacity can be entrusted with their own affairs. However, if they are unable to navigate their own assets, the court will appoint a legal guardian to take care of these issues. These legal guardians must be either a close relative or friend, and although they have certain rights, there are also boundaries that are put in place by legal standards.
Legal guardianship is necessary to help protect the Ward and ensure that he or she receives the support they need to live a fulfilling life. Regardless of the circumstances, a family law attorney can help these individuals receive guardianship.
Guardianship of a person can be established through the Circuit Court in the Ward’s local county. Typically, parents can proceed without notice (to prevent possible safety issues), but others must obtain written permission prior to filing. Once the application has been filed, the court will appoint an expert to visit the Ward and complete an examination report, a report of capacity or a plan of guardianship. When appointed by the court, the accountant, guardian ad litem and estate examiner get to work.
Once this information and documentation has been submitted, the court will establish a hearing date. At this time, the public can file objections. Once all parties have concluded their statements, the judge will render a decision.
When a child is deemed mentally incapacitated, their parents must become their legal guardian. Parents can sign a petition to become the guardian of the person and the property, or the person only. In addition, they can name themselves as guardian of the property and another individual as guardian of the person.
The Guardian of the Person generally oversees: Upon appointment, the Guardian of the Property will be responsible for the investment and management of the Ward’s assets and property. A special trustee or bank may take on these responsibilities. Additionally, guardians must complete yearly reports to demonstrate the continuing need for the guardianship. Guardians of the Person have a duty to see the Ward at least once per month and then prepare a yearly report.
When it comes to family law counsel, every case is unique and requires a tailored strategy to deliver the best results for all parties involved. Whether the focus is on guardianship, paternity, domestic violence, child custody or child support, attorney Scott L. Levine approaches each situation with compassion and understands his client’s needs. Best of all, he offers free initial consultations to discuss the case and give the client insight into their options.
For more information on guardianship laws, you can visit Nolo’s guide on guardianship.
