South Florida Guardian - Fort Lauderdale Guardianship Lawyer - Miami Guardianship Attorney
What is a guardian in Florida?
A guardian is a surrogate decision-maker appointed by the court to make personal
and/or financial decisions for a minor or for an adult with mental and/or physical
disabilities or incapacity. After adjudication, the subject of the guardianship is termed a "ward".
Set up a Guardianship in Broward, Dade or Palm Beach Counties
Our law firm can help set up a guardianship in Dade County, Broward County or Palm Beach County or act as a Guardianship Advocate. For more information, call us at (800) 337-7755.
Fort Lauderdale Guardian for a Minor
Florida law provides for the appointment of a guardian for a minor in
circumstances such as where the parents die, are unable to care for a child, or if a
child receives an inheritance or proceeds of a lawsuit or insurance policy
exceeding the amount parents are allowed by statute to receive on behalf of their
child.
Assistance to Set up Guardanship for an Adult in Broward, Dade or Palm Beach
Adult guardianship is the process by which the court finds an individual’s ability to
make decisions is impaired, therefore the court gives the right to make decisions to
another person or entity. Guardianship is only warranted when no less restrictive
alternatives, such as a durable power of attorney, a trust, a health care surrogate
or proxy, or another form of pre-need directive, are found by the court to be
appropriate and available. Legislative intent establishes that the least restrictive
form of guardianship is desirable, if it is in the best interest of the ward.
Legal and Ethical Relationship for Guardians
Guardianship is an ethical as well as legal relationship with many court-mandated duties and responsibilities involving the very basic rights of another human being. It is of the utmost necessity that:
1. An attorney be consulted to represent and advise the guardian in all appropriate, technical procedural and fiduciary matters relating to the court; and
2. The guardian proceed with the utmost diligence to take care of the ward, safeguarding the ward's numerous rights while preserving the ward's dignity, and improving the quality of that ward's life.
Florida's Guardianship Law
Guardianship law is controlled primarily by Chapter 744 of the Florida Statutes
though local rules may influence a particular statute’s application. {28 Fla. Jur. 2d
Guardian and Ward §5 (2004).} Procedures for all guardianship proceedings are
governed by the Florida Probate Rules. {Id.; Fla. Prob. R. 5.010} Thus, a proper
application of guardianship law requires adherence to the Florida Statutes, the
applicable local court rules, Florida Probate Rules and applicable court decisions.
Miami Guardianship Attorney - Lawyer for Guardianship in Fort Lauderdale - Broward County Attorney for Guardian
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