man taking care about his elderly father in house

Tampa Guardianship Lawyers

If you’re a parent of a young child or a relative of an incapacitated adult, establishing a guardianship can give you the peace of mind you need. Guardianships are formal legal documents that give certain trusted individuals the right to make certain decisions on behalf of the ward (the subject of the guardianship). If you’re looking to establish a guardianship either for your minor child or an incapacitated adult, simply contact our seasoned Tampa estate planning lawyers today.

Guardianship Lawyers: Representing Clients in Tampa and Throughout Florida

Though most people don’t want to think about what creating a guardianship implies, the truth is that doing so is often necessary and in their loved one’s best interests. Our firm has extensive experience helping individuals create guardianships for their loved ones, and are here to do the same for you.

Guardianships for Children in Florida

When it comes to protecting the welfare of minor children, establishing a guardianship in Florida can serve as a crucial legal safeguard. This process ensures that a responsible adult, known as the guardian, is formally authorized to make important decisions on behalf of a minor child, referred to as the ward. Guardianships for children are particularly essential in scenarios where both parents are unable to care for their child due to reasons such as incapacity, death, or extended absence.

Without a guardianship in place, the child’s future and well-being could be left in uncertain hands, potentially leading to court intervention to decide who will take on the responsibility of raising and making decisions for the child.

The process of establishing a guardianship for a child in Florida involves several key steps. Initially, a petition must be filed in the probate court of the county where the child resides. This petition should detail the reasons why the guardianship is necessary and suggest a suitable guardian.

Florida statutes, specifically Chapter 744, Florida Statutes, outline the qualifications for guardians and the process for their appointment. Following the petition, the court will conduct a hearing to assess the necessity of the guardianship and the suitability of the proposed guardian. If the guardianship is deemed necessary, the court will officially appoint the guardian, granting them the authority to make decisions concerning the child’s care, education, and financial matters.

Guardianships for Incapacitated Adults in Florida

In Florida, guardianships for incapacitated adults are established to protect individuals who are unable to make certain decisions about their health, welfare, and finances due to mental or physical disabilities. These guardianships can be voluntary, where the adult recognizes their own need for assistance and agrees to the appointment of a guardian, or involuntary, where the need for a guardian is determined by the court.

A voluntary guardianship, as per Florida law, allows adults anticipating incapacity to choose a guardian to oversee their affairs, a process that requires court approval but is generally straightforward and based on the adult’s consent.

On the other hand, involuntary guardianship involves a court determination that an individual is incapable of managing their own affairs, a process initiated by a petition filed by a concerned individual or entity. The court then appoints a committee to evaluate the alleged incapacitated person’s condition and report back on their findings.

The process for creating an adult guardianship in Florida involves filing a petition in the probate court, detailing the alleged incapacity and suggesting a suitable guardian.

This is followed by the appointment of an examining committee, a hearing to assess the person’s capacity, and, if guardianship is deemed necessary, the official appointment of the guardian.

The guardian’s powers can range from limited to full authority over the individual’s personal and financial decisions, depending on the extent of incapacity.

Contact Our Florida Guardianship Lawyers Today

If you’re ready to establish a guardianship, our lawyers are here to help. Contact Tampa Law Group today so we can get started working on your case.

Our Recent Blogs
Website Designed & Managed by