Guardianship Attorney Miami

Understanding the intricacies of needing a guardianship attorney in Miami can be daunting. However, your attorney's role is more than just having legal expertise. Instead, it's about ensuring that your best interest gets prioritized. These attorneys have to balance emotional realities with legal complexities, and they have a mission to protect their client's rights while maintaining their well-being and dignity. Below, we'll review everything you need to know about the guardianship process in Florida and the convenience of hiring a guardianship lawyer.

What You Need to Know About Legal Custody

If you're like most people, you don't think about legal guardianships until you need one, and this can add to your stress levels in what is most likely an already trying time. However, there are vital points you need to know regarding legal guardianships. First, these are essential legal tools that help protect and support individuals who can't care for themselves due to age, disability, or incapacity. Guardianships should prioritize the individual's best interests, and this is a court-driven process. Generally, the court appoints a guardian, ensures they're suitable and stable, and creates a plan for the individual's management and care. Finally, the court holds guardians accountable to ensure they fulfill their duties.

Type of Guardianships

In Florida, there are two main types of guardianships, and an experienced guardianship attorney in Miami can help you decide which option suits your situation the best. The two main choices are as follows:

Minor Children Guardianship

Under the law in Florida, minor children have to have a guardian or parent manage their affairs, except in rare instances where a teenager goes through the emancipation process. Appointing a guardian for the children in the event of the parent's death is a standard part of estate planning. The parents usually name a family member as a potential guardian in their last will and testament.

This guardian will make life decisions for the child regarding medical treatment, education, social life, living arrangements, and more. In Florida, if the child inherits property or assets over $15,000, the court will appoint someone to act as the guardian of the property, and they will manage the child's financial affairs.

The courts will appoint the guardian in the event of the parent's death, but they typically respect the decedent's wishes as outlined in their last will and testament. This type of guardianship ends when the minor turns 18, but a second type of guardianship could take effect at this time if there is a physical or mental disability.

Adult Guardianship and Incapacity

The court may appoint a guardian for an incapacitated person, but this isn't the only legal option available. This can be a mental or physical incapacity, including someone who has Dementia or Alzheimer's, someone who can't communicate their wishes, or someone who can't care for their physical needs on their own are all examples of people who may be good options to have the court appoint a guardian. If this happens, the incapacitated person is then called a ward.

The Guardianship Process in Florida

Establishing guardianship in Florida has several critical steps, which can take time to complete. This is why you want to understand everything involved, including:

1. Determining if There is a Need for a Guardianship: This process starts by understanding if the person in question can manage their affairs due to a physical or mental incapacity. This person could be an elder, minor, or an incapacitated adult.
2. Filing the Petition: You must file a petition for guardianship with your local court, which must be in the county where the ward lives. You'll have to provide documentation with detailed reasons why the ward can't handle their affairs and why they need a guardian.
3. Examination Committee: Once you file the petition, the court appoints this committee, usually consisting of three members. One of the members is usually a doctor who will evaluate the person in question. The committee assesses the person's physical and mental state and submits their report to the court system.
4. Guardian Ad Litem: The court can appoint a guardian ad litem in some cases, and this is a neutral third party who will represent the ward and their best interests during this process.
5. Court Hearing: Based on the committee's findings, the court will hold a hearing. If the court finds that the ward is incapacitated to the point that they can't manage their affairs, they'll establish guardianship.
6. Guardian Selection: The court will appoint a guardian, and this could be a professional guardian, family member, or a bank if they need property guardianship.
7. Ongoing Reviews and Reporting: The guardian must submit annual reports outlining the ward's asset status and condition. The court oversees the guardianship, and they may call more hearings if they think it's necessary.

Ready to establish guardianship in Florida with confidence? Gallardo Law Firm lawyers can help you navigate the complexities of the guardianship process. Take the first step towards securing the best possible outcome for your loved ones. Contact us today to schedule a consultation and let our experienced team guide you through this important legal journey.

What Can a Gardianship Attorney do For You?

A guardianship attorney plays a large role in guiding families and individuals through establishing, maintaining, and contesting guardianships. They have specialized knowledge and expertise that makes them invaluable allies during this time, and they can help you with the following:

• Guardianship Assessment -: They evaluate whether the person needs guardianship and advise alternatives.
• Petition Filing -: They help with ensuring you file the guardianship petition properly with the courts.
• Court Representation -: These attorneys can be your advocate during court proceedings.
• Guardian Selection -: If you don't have a guardian in mind or can't choose, they help decide who is most suitable to be the guardian.
• Counseling and Training -: They guide the new guardians through their responsibilities and duties, including being on hand to answer questions.
• Offer Ongoing Support -: Your attorney can help with court hearings, annual reports, and any legal issues that come up.
• Contesting Guardianship -: They can help contest or modify an existing guardianship.
• Estate Planning - : Your attorney can help with estate planning tasks, including setting up trusts or drafting wills.

How Much Does it Cost to Get a Legal Guardianship in Florida?

The cost to establish legal guardianship in Florida can vary based on the attorney's fees, case complexity, and court-related costs. It can be expensive, and the attorney's fees can easily range between $1,500 to $3,000. You also have to consider filing fees with the court; the average is $400 and up. There are examination committee fees, which can range from $600 to $1,000, and you can't forget to factor in annual accounting fees, guardian ad litem fees if the court appoints one, and the guardian's bond if you need one.

Protect Your Loved Ones With Skilled Guadianship Attorney in Miami - Contact us Today!

Don't wait until something happens to think about working with a guardianship attorney in Miami. Instead, contact Gallardo Law Firm and have our friendly and professional staff set up a consultation. We're happy to walk you through the process, answer any questions, and ensure we prioritize your loved one's health and well-being.