Is It Time to Step In?
Establishing Guardianship for an Incapacitated Family Member
If the physical, mental, or financial well-being of a loved one is threatened by abuse or neglect, or by his or her own actions or inactions, you may want to consider having the court intervene to appoint a guardian to restore and protect his or her physical and financial security.
The Charles Law Offices in Largo, Florida can represent you in all guardianship proceedings, including contested guardianship, in Pinellas County and adjacent counties in the Tampa Bay area. Attorney Susan M. Charles offers a free consultation at 866.607.6531.
AV Preeminent* rated, Master of Laws in Elder Law, member of the National Academy of Elder Law Attorneys (NAELA), member of the Academy of Florida Elder Law Attorneys (AFELA)
Seeking Guardianship Over a Parent
In the absence of a revocable trust or other support mechanisms designating power of attorney or a health care surrogate, you may petition the court to create a guardian over a person's affairs.
The court will appoint an attorney to ensure the family member's best interests and wishes are served and represented in court. A three-member Examination Committee considers the evidence and reports to the court on the extent of the person's ability or inability to act for himself or herself. The court will then hold a hearing to determine capacity and to appoint a guardian if one is needed. The court will base its decision on what is in the best interests of the individual (called a ward).
The court can grant two powers — guardianship of the person (including decisions about medical care or nursing home care) or guardianship of property (control of the person's finances and assets). Normally both powers are granted. The guardian can act in the person's best interests in all regards granted by the court — including banking, investing, legal transactions, tax returns, health care, government benefits, and contracts for personal care services.
Proactive Steps if You Will Need a Guardian
A person who realizes his or her mental faculties are slipping can proactively ask for appointment of a guardian or create a power of attorney. If you do not want your son or daughter to have this power over you (or be burdened with your care), you can request that the court appoint a professional guardian.
Contested Guardianship
The spouse, other family members, or the ward may object to guardianship or the appointment of a particular person. A guardian who is not acting in the ward's interests can also be removed by petition. Susan Charles is a trial lawyer with experience in these heated and sensitive proceedings.
Guardianship of Minor Children
If one parent dies, a surviving child will usually live with the other parent. If both parents die or become incapacitated and there is no pre-need guardian designation, children become wards of the state. If no member of the immediate or extended family (grandparents, godparents, adult siblings) steps forward, the child may have to go into foster care. Commonly, several relatives will petition for guardianship, requiring a ruling by the court.
The Charles Law Offices aims to avoid these scenarios through proper estate planning. We understand that guardianship may be necessary to protect loved ones from themselves and others. For knowledgeable and compassionate representation, contact us today for a free initial consultation.
Offices in Clearwater - Largo - St. Petersburg
*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.
