Pursuing Guardianship In Florida
Imagine that you have a loved one with a significant estate. Although they have large bank accounts and both residential and commercial property across Miami, they’ve been declining mentally, and it’s starting to show. Among other things, property taxes go unpaid, and routine bills pile up.
These financial issues are only one type of problem that can arise when a person’s mental state starts to deteriorate. You want to help them, but they never created a power of attorney that allows you to step in. What can you do?
In this situation, adult guardianship may be the answer. This blog explains how to pursue this arrangement in Florida and how an estate planning lawyer can help you navigate the legal steps involved.
Establishing a Guardianship
Guardianships may be voluntary or involuntary. With voluntary guardianship, someone actively asks the court for assistance with managing their affairs. All that is required is a physician's declaration that the applicant understands the nature of guardianship. Voluntary guardianships are monitored by the court similar to involuntary ones, but wards have the right to terminate the arrangement at any time by filing a notice with the court.
Seeking an involuntary guardianship is more complicated because the ward is not consenting to the arrangement. To start, you must file a petition in the person's county. In the petition, you must explain why you believe the person is incapacitated and who should be appointed as their guardian. Once the petition is filed, the judge will appoint an attorney to represent your loved one and assemble an examining committee to assess mental capacity.
The examination committee consists of three members, one of whom must be a medical doctor. There cannot be any relation between the person filing the petition for incapacity and a committee member or any of the parties involved. As soon as the committee members submit their reports to the judge, a hearing is held to review their findings. If a judge determines that there is no other way to manage the person's affairs without court involvement, they will appoint a guardian.
Emergency Guardianship
Temporary guardianships are also permitted in Florida under emergency circumstances. A guardianship of this type is necessary because it takes time to establish one. In Florida, guardianships typically take several weeks to establish. Incapacitated individuals may require more immediate assistance. In this case, the Court can appoint a temporary guardian. A temporary guardian can be appointed for a short period, thus providing assistance to the incapacitated individual until a permanent guardian is appointed.
Speak to a Florida Guardianship Attorney Today
When loved ones cannot make wise decisions about their health or finances, someone must step up to help them. If Power of Attorney forms haven't been completed, a guardianship may be needed.
At the Law Offices of William C. Robinson, we have extensive experience appearing in guardianship courts and preparing a case that protects the rights of everyone involved. To schedule a confidential consultation with Attorney Robinson, call (305) 454-9632.
