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Seeking Help from a Florida Guardianship Attorney


Are you facing the difficult decision of attempting to appoint a guardian for a member of your family or a loved one? It is never easy to witness someone close to you lose their independence. While it is difficult, a Florida legal guardianship might be the best thing for your loved one or family member. The St. Petersburg guardianship litigation lawyers at Legacy Protection Lawyers, LLP not only are compassionate but they will advocate for you while skillfully guiding you through the guardianship process.

What Is a Legal Guardianship in Florida? 

In a Florida guardianship proceeding, a judge appoints someone to serve as a guardian over another person. The first step in seeking the appointment of a guardian for someone else or for yourself is to file a petition asking the judge to appoint a guardian.  A person is legally incapacitated in Florida when a court determines him to “lack the ability to manage his property or meet his or her health and safety requirements.”

What Does a Florida Guardian Do? 

Court-appointed guardians in Florida have decision making authority over the incapacitated person’s property. The guardian must invest the property wisely, use it to support the incapacitated person, and give an annual accounting to the Court regarding the property. If the guardian wishes to sell the incapacitated person’s house, he or she must receive the permission of the Court before doing so.

Guardians also make decisions about the personal, mental, and medical care services of the incapacitated person. If the incapacitated person needs to move to a residential care facility, the guardian can choose which facility is the best. Every year, the guardian must present his or her plan of care for the incapacitated person.

What Happens If A Guardian Mistreats An Incapacitated Person? 

Guardians must complete an eight-hour training program approved by the Court. Guardians must also provide the Clerk of the Court with a bond. The Clerk of the Court regularly reviews the annual reports submitted by guardians. If the reports seem suspicious, the Court may remove the guardian.

The Clerk of the Court will not catch all guardianship abuse or mistreatment. If you suspect that a guardian is mistreating an incapacitated person, you may need to petition the Court to remove the guardian. Abuse and mistreatment can come about in many different forms. For example, a guardian can abuse their financial duties by making decisions with the guardian’s best interest in mind. These choices may not be in the best interest of the incapacitated person. Sometimes, guardians steal assets from the incapacitated person they are supposed to be protecting.

Contact Us Today for Help 

Are you concerned about your estate planning and what will happen to you if you need a guardian to assist you with making daily decisions? Are you worried that the guardian of a family member or friend is mistreating them? Whatever your Florida legal guardianship concerns, the skillful team at Legacy Protection Lawyers, LLP are ready to help you. Contact our law firm today to set up your initial consultation.




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