Guardianship and Conservatorship Attorney In Boca Raton, Florida

Being appointed as a guardian for a minor or an adult who is incapacitated carries a lot of responsibility. Not just anyone can be appointed, and procedures must be followed before the court will be satisfied to appoint a guardian. Simply put, guardianships are complex arrangements, and there are many different issues that can develop. This is why it is important to speak with a Florida guardianship attorney for assistance.

At Peter J. Snyder, P.A., the goal is always to protect the best interests of the child or adult involved.

Understanding Guardianship 

Guardianship is a legal term that refers to the legal right to make decisions for someone else. A guardian may be appropriate for someone in various situations, which could include:

• An adult who is no longer able to independently make sound decisions regarding his or her healthcare
• An adult who cannot manage his or her finances or property
• A child whose parents are absent or unable to provide appropriate care
• A child who inherits money or property

Who Can Be a Guardian?

Florida law clearly defines who is eligible to serve as guardian of a ward who resides in the state. In most cases, a Florida resident who is at least 18 years of age is eligible to serve in the role of guardian. If multiple people want to have the position, then a judge will choose one of them.

Non-residents may also serve as guardians, but they must be someone who is a close relative of the ward. This can include a:

• Spouse
• Parent (including an adoptive parent)
• Child (including an adopted child)
• Sibling
• Uncle
• Aunt
• Nephew
• Niece

Ideally, the person should live close by since so many issues that arise need to be dealt with swiftly. It may be difficult for a person living in another state, or even on the other side of Florida, to adequately fulfill the responsibilities of the role.

What a Guardian Must Do

The duties and responsibilities of a guardian vary depending on the type of guardianship. General responsibilities for guardians over a person are:

• Providing care, maintenance, and education 
• Providing food, clothing, shelter, and other basic necessaries
• Making decisions about medical care 
• Making sure the person being cared for receives an appropriate education 
• Filing a required annual report providing updates on the protected person’s condition

What a Guardian May Not Do Without Court Approval

A guardian does not have the power to make all decisions. There are things that guardians do not have the authority to do without the court’s permission. The most common situations requiring the court’s permission include:

• Moving out of state
• Placing them in a long-term care facility
• Spending or investing their money 
• Selling their home or other assets
• Making changes to wills or changing beneficiaries
• Terminating the guardianship

Types of Guardianships

Various types of guardianships exist in Florida. These can include:

• Family guardians: This is typically a relative such as an aunt, grandparent, or adult sibling. The guardian of a minor or incapacitated adult has priority in Florida courts.
• Professional guardians: This is someone who receives payment to be the guardian of multiple wards. When relatives disagree on who should be the guardian, courts often will appoint a professional guardian.
• Public guardians: This type of guardian for wards without family or friends is appointed by the court and is selected through the Office of Public & Professional Guardians (OPPG).

How Is a Guardian Appointed?

The process of determining a guardian can be complicated and should only be attempted with the help of an experienced Florida guardianship attorney. 

An individual seeking guardianship over someone can file one of the following three documents:

• Petition to Determine Incapacity, which establishes that the individual needs a guardian
• Petition for Appointment of Guardian, which officially asks the court to appoint a guardian
• Application for Appointment as Guardian, which asks the court to specifically appoint you as the guardian

After filing a Petition to Determine Incapacity, the court will appoint a three-person examining committee, one of which must be a psychiatrist or other physician. The other members must be medical professionals who can provide expert opinions to the court. One member should have expertise in whatever type of incapacity from which the person suffers, but not their primary doctor. Each member will meet with the ward to evaluate them and submit a written report to the court.

What Is A Conservatorship?

In a conservatorship, a court can appoint someone the authority to make financial decisions for a minor, incapacitated person, or someone with an intellectual disability. That person – called the conservator – then can manage all their loved one’s financial affairs, including paying debts and bills, managing bank accounts and investments, and handling cash expenditures. If your loved one is in a situation that might improve under a conservatorship arrangement, you need an experienced estate attorney to make your case. Our guardianship and conservatorship lawyers have that experience. With careful research and in partnership with medical and other professionals, we’ve successfully pursued conservatorships for our clients.