Florida Guardianship and How to Avoid It

Financial and Medical Well-Being as You Age

As we age, we become increasingly vulnerable to a range of factors that can threaten our financial or medical well-being. Those of us who rely on the help of caretakers — whether independently or in assisted-care facilities — are too often deceived. We suffer harm at the hands of the very people meant to care for us. It can be difficult to know where to turn.

How Estate Planning Attorneys Can Help?

At the Law Offices of Craig Donoff, P.A., we can help individuals protect themselves and their assets from deceit and abuse. By leveraging estate planning tools and other legal interventions, our attorneys are adept at ensuring the preservation of our clients’ best interests.

Florida Guardianship FAQ

What is a Guardian in Florida?

A Florida guardianship creates a legal relationship between a guardian and their ward. A ward is someone a court has declared legally incapacitated and in need of a guardian to make important decisions.

Who Creates a Florida Guardianship?

A probate judge in the county where the ward resides appoints a guardian after someone files a Florida guardianship petition. This is often a family member, but other persons or entities can file it.

When Does a Child Need a Florida Guardianship?

Florida law requires a court-appointed guardian if a parent dies or becomes incapacitated. Also, Florida guardianship must be established if a child receives a large sum of cash through inheritance or lawsuit.

When Does an Adult Need a Guardian?

An adult Florida guardianship is needed when the ward’s decision-making process is impaired. In that case, a guardian will be appointed to be a surrogate decision-maker.

Are Florida Guardianships Voluntary?

Florida allows both voluntary and involuntary guardianships. Voluntary guardianship is used when an adult is mentally competent but needs assistance managing their assets. The adult usually files the voluntary guardianship petition with the help of a probate attorney.

Can You Avoid a Florida Guardianship?

Yes. A comprehensive estate plan can help you avoid Guardianship.

What We Do

The Law Offices of Craig Donoff, P.A., serves as a comprehensive estate planning practice. Using the legal instruments at hand, we can help seniors — and, indeed, anyone — establish safeguards with regard to their medical care and finances.

How We Help

We have, for instance, helped thousands of individuals in Florida establish living trusts. These are means for individuals to provide themselves with the income they need while making their assets difficult for undesired parties to access. Likewise, through the use of powers-of-attorney documents, we help individuals select financial proxies to manage their affairs in the event that an individual becomes unable to do so on his or her own. This prevents parties with ulterior motives from taking control of a vulnerable person’s assets.

Medical Care Wishes

In addition, our firm guides our clients through the process of establishing health care directives, which ensure their medical care wishes are met at all times — even in the event of an incapacitating injury or illness. Our lawyers are also able to intervene in situations where physical abuse at the hands of a caretaker is suspected.

What to do First if You Might Need a Florida Guardianship

Reach out to the Law Offices of Craig Donoff, P.A. We offer free initial consultations, allowing us to discuss your situation with you before you’re obliged to retain us.