or plan for the future with estate planning.
Understanding Guardianship
Unfortunately, as many of us get older, there comes a time when we can no longer manage our affairs. Children lose parents to death or incapacitation. For both elders and children in these situations, guardianships provide protection. The term “guardianship” simply means a legal proceeding in which a person designated by the court to be a “guardian” exercises the legal rights of a “ward.”
A ward is someone who has been determined by the court to be partially or totally incapacitated.
We can also help you understand the differences between plenary guardians, limited guardians and preneed guardians for both minors and adults.
Treasure Coast Elder Guardian Attorneys
There are three broad categories of guardians: family, professional and public. At The Gufford Law Firm, P.A., we can help you understand the differences between the types of guardians and help you determine which would be best for your family.
- Family guardians
- Professional guardian
- Public guardian
- Natural guardians
- Voluntary guardians
- Emergency guardians
Who Determines If A Person Is Incapacitated?
Before the court can appoint an individual to become a guardian, they need to determine if the subject is truly incapacitated. According to Florida Statute 744.331, the court will appoint an attorney for the alleged incapacitated as well as a committee of three medical professionals, which includes at least one psychiatrist or other physician.
The professionals perform comprehensive tests on the person’s physical, mental and functional health. After analyzing the data, the committee will determine whether the subject is incapable of exercising certain rights or not. If they are, then the court will move forward with scheduling an incapacity hearing.
Stuart Probate Lawyer
Wills and trusts are the essential building blocks of any estate plan. However, every family has different needs. Our lawyers can analyze your family’s assets and family structure to determine which estate planning tools best serve everyone in your family.
The Baker Act and Marchman Act are designed to help people with mental illnesses and drug or alcohol addictions get the treatment they need. If your loved one suffers from substance abuse or mental illness, our attorneys can help.
PROBATE
At The Gufford Law Firm, P.A., we take steps to help you complete the probate process without significant delays or unforeseen costs. Probate litigation: Even the most carefully crafted estate plans can be the center of a dispute. If you are an executor, our Stuart probate attorneys can defend you against challenges by family members. Conversely, if you are a family member, we can challenge the executor on your behalf.
A living will and durable power of attorney are proactive steps you can take to ensure that your wishes are honored in the event that you become incapacitated as a result of injury or illness.
With special needs planning, you can take steps to ensure that your child’s continuing needs will be met.
Protect your assets from lawsuits and tax liabilities by choosing an estate planning tool that meets your particular needs.
