GUARDIANSHIP
Guardianship, (Conservatorship), is a
legal relationship created by the Court empowering an individual (Guardian) to
make financial and/or personal decisions on behalf of an incapacitated person
(Ward). Depending upon the extent of the incapacity (determined by the Court),
a guardian may have limited or all- encompassing (Plenary) rights on behalf of
the Ward.
Guardianship laws, rules and regulations
can be complex. The Florida Rules of Probate and Guardianship dictate the legal
procedures to be followed in the various court proceedings relating to such
guardianship matters.
The process is initiated by an interested
party, through an attorney. A petition for the appointment of guardianship
outlining the need for the appointment is filed in the appropriate circuit
court. A statement of financial resources and a report from a physician,
psychologist, or psychiatrist describing the person's level of impairment,
ability to appear at the hearing, and need for protection is also filed. The
court then conducts a hearing and determines whether a guardianship is appropriate,
and if so, whether a guardian with limited or plenary powers is in the best
interests of the ward.
A guardian will have an on-going legal
relationship with the ward to become familiar with the ward's personal and/or
financial needs. Throughout the entire life of the guardianship, a close
working relationship between the guardian and the attorney must be established
as their are mandatory reporting requirements to the court on an on-going
basis.
For information concerning Guardianships
for Minors or Guardian Advocates for the developmentally disabled, kindly
contact Mr. Silver directly.