Category Archives: Guardianship
What Are a Parent’s Rights in a Florida Guardianship Proceeding Involving Their Child?
Many Florida parents find themselves acting as guardians for their incapacitated adult children. But keep in mind, parents do not have an automatic right to act as guardian without restriction. Adult guardianships are subject to active court supervision. This means a judge can remove a parent as guardian and replace them with someone else… Read More »
Can I Ask for Compensation If I Serve as My Parent’s Legal Guardian?
When an adult is considered mentally or physically incapacitated, a Florida judge may establish a guardianship. The guardian is a person who makes financial and/or personal decisions on behalf of the incapacitated adult, who is known as the ward. By law, the guardian is entitled to “a reasonable fee for services rendered and reimbursement… Read More »
Can a Guardian Go to Jail for Failing to Follow Court Orders?
When a Florida adult is considered legally incapacitated to make financial or healthcare decisions for themselves, a judge may need to step in and appoint a guardian. A guardianship is a significant responsibility. The guardian is required to comply with a multitude of laws and orders and must file periodic reports with the court… Read More »
Georgia Court Reconsiders Legality of Guardianship Over Former Florida Resident
There are situations where it may be necessary for a court to place an incapacitated adult under a legal guardianship. Florida law authorizes guardianships whenever a judge determines a ward–the adult subject of the proceedings–is physically or mentally unable to manage their needs for any reason. Because a guardianship can significantly restrict the ward’s… Read More »
Legal Battle Over Miami Artist’s Paintings Continue Nine Years After His Death
When a Florida court establishes a guardianship for a living ward’s property, the guardian continues to act in that role even after the ward’s death. The guardian must first apply for a formal discharge from the guardianship court before any remaining property can be transferred to the ward’s probate estate. The guardian is also… Read More »
Can a Florida Judge Appoint a Guardian Without First Conducting a Hearing?
An adult guardianship is often necessary to ensure someone has the ability to make legal, financial, and health care decisions for a physically or mentally incapacitated adult. But requesting a guardianship can be contentious, especially when the allegedly incapacitated adult objects. And even where there is evidence of incapacity, the courts must still respect… Read More »
Stories of Florida Guardianship Abuses Continue to Mount
An important consideration when making an estate plan is avoiding the potential need for a guardianship if you become incapable of managing your own affairs. Setting up a trust and other estate planning documents, such as a trust and a power of attorney, can go a long way towards protecting your rights. Unfortunately, even… Read More »
How Do I Get a Court to Appoint a Guardian for a Family Member?
If you have an adult family member who is incapable of caring for themselves due to a physical or mental condition, it may be necessary to establish a legal guardianship for that person. A guardian is basically someone appointed by a judge to make decisions on behalf of an incapacitated person, who is known… Read More »
Who Can Serve as a Florida Guardian When No Family Members Are Available?
Florida guardianships are often necessary to protect elderly and vulnerable adults from potential exploitation. A guardianship may be especially appropriate when an adult lives alone, has no immediate family, and is unable to cope with a recent physical or mental trauma without professional assistance. In such cases, a probate court may appoint an individual… Read More »
Florida Supreme Court Clarifies Restrictions on Marriage Rights for Persons Under Guardianship
Establishing a Florida guardianship means restricting a person’s legal rights. Under Florida law, this can include removing a guardianship ward’s right to vote, hold a driver’s license, seek employment, or even marry. And even when these rights are not removed outright, the courts may still impose certain restrictions if they are deemed in the… Read More »