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Elder Law Attorneys – Creating Peace of Mind for All Generations

Legal Guardian

Experienced Legal Guardianship Attorney in Florida

When a loved one is unable to make decisions due to age, illness, or disability, a legal guardian may be needed to protect their best interests. Families often struggle with questions like:

  • Who can make financial or medical decisions for an aging parent?
  • How do I protect a loved one with dementia or special needs?
  • What are the legal steps to becoming a guardian in Florida?

At Elderly Care Law Firm, we help families navigate the guardianship process to ensure their loved ones receive the care and protection they need.

What is a Legal Guardianship, and When is it Needed?

Guardianship is a legal process where a court appoints someone to make decisions for an individual who can no longer manage their own affairs. This may be necessary when:

  • A senior has Alzheimer’s or dementia and is unable to handle finances.
  • A disabled adult needs help with medical or financial decisions.
  • A minor inherits money or assets that require oversight.

What Are the Different Types of Legal Guardianships in Florida?

Florida law allows for different types of guardianship, depending on the situation:

  • Guardian of the Person – Makes medical and personal care decisions.
  • Guardian of the Property – Manages financial matters and assets.
  • Plenary Guardianship – Full decision-making authority over both personal and financial matters.
  • Limited Guardianship – Allows a guardian to make specific decisions while the person retains some rights.

How Do I Become a Legal Guardian?

Becoming a guardian in Florida involves a court process to ensure the individual truly needs protection. Steps include:

  1. Filing a petition with the court to request guardianship.
  2. Medical evaluation to determine incapacity.
  3. Court hearing where a judge reviews the evidence.
  4. Appointment of the guardian, who must follow court guidelines.

The process can be complex, but our law firm guides families every step of the way.

What Rights Does a Guardian Have?

A guardian is responsible for making decisions in the best interest of their loved one. 

This includes:

  • Managing healthcare and medical treatments.
  • Handling bank accounts, bills, and property.
  • Ensuring the individual lives in a safe environment.

However, guardians must also report to the court and follow legal requirements to prevent abuse or misuse of power.

How Can a Guardianship Attorney Help?

At Elderly Care Law Firm, we help families:

  • Understand whether guardianship is necessary or if alternatives (like power of attorney) might work.
  • Navigate the court process to establish legal guardianship.
  • Ensure their loved one’s rights and well-being are protected.

If you are considering guardianship for a loved one, call Elderly Care Law Firm at (305) 564-6606 today for a consultation

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