Gierach and Gierach, P.A.

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Gierach and Gierach, P.A. Guardianship

Attorneys Assist in Establishing Guardianships in Florida

Protecting children and vulnerable adults

 

A guardianship authorizes one person, a guardian, to act as a proxy, making healthcare or financial decisions for another person, the ward. Guardianships often apply to children but may also be used to protect adults who are mentally or physically incapable of making balanced, appropriate decisions for themselves. If you need to establish a guardianship for a loved one, a lawyer from Gierach and Gierach, P.A. can guide you through its setup and answer your legal questions.

In a comprehensive estate plan, parents may choose to designate a legal guardian to care for their minor children in the event of the parents’ premature death. Legal guardianship is also often established for mentally incapacitated adults, persons with severe special needs and elderly persons who are incapable physically or mentally of handling their own affairs. In such cases, legal guardianships operate much the way living wills or healthcare proxies do, where someone is designated to make choices for another individual.

However, Florida courts only grant legal guardianships when there is an absence of a power of attorney, trusts or healthcare surrogates. And when a legal guardianship is determined to be in the ward's best interests, the courts ensure that the guardianship is as nonrestrictive as possible.

 

The importance of having a guardianship lawyer in Maitland, Winter Park or Orlando

The legal relationship between a ward and guardian is one of great importance and responsibility. Anyone arranging a guardianship is advised to consult guardianship lawyers rather than general practitioners. It is also important for the appointed guardians to seek competent guidance about their duties under Florida guardianship law. The legal advice that a guardianship lawyer can provide includes:

  • Legal requirements of wards in Florida
  • Technical procedures and fiduciary matters
  • Taking care of the ward
  • Preserving the ward's rights and dignity
  • Bettering the ward's quality of life

The types of guardianships vary depending on the ward's needs. A guardianship attorney can help you obtain a limited guardianship when wards remain partially capable of attending to their own personal care needs or managing property. A plenary (full) guardianship is appropriate when wards cannot perform any tasks to care for themselves or their property. Individuals who are mentally competent but who, because of age or illness, cannot manage their property by themselves can request a voluntary guardianship. In a fiduciary guardianship, a guardian helps a ward with his or her financial affairs.

Call a guardianship attorney with a tradition of personalized service

For legal help from an experienced and sensitive guardianship lawyer in Orlando, call Gierach and Gierach, P.A. at [Ln::phone] or (844) 431-0813, or contact us online today to schedule your free initial consultation. We also assist people from other states needing legal assistance in Florida.

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