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There are many reasons why individuals may be unable to care for their own needs. These can be children who are left without parents, older adults whose minds are no longer strong, or those with developmental disabilities. The law allows for legally appointed guardians to provide guidance for these vulnerable people. A guardian assumes full legal responsibility to care for the needs of their wards. They can take a direct hand in protecting these individuals and making important decisions that impact their lives.
A Plantation guardianship lawyer can help those who are looking to establish guardianships over others. They can work to explain the purposes of these legal relationships and take the necessary steps to convince a court of the necessity of these actions. Reach out to dedicated estate planning attorney Marc Brown, P.A., to learn more.
At some point during many adults’ lives, they are left unable to make decisions to preserve their own well-being. This may result from an accident, a disease, or the slow movement of time. In any case, these people may be appropriate subjects for guardianships or conservatorships.
One essential concept in many guardianship cases is the concept of disability. As a rule, adults retain control over their affairs as long as they are of a stable mind. However, courts do have the power to evaluate the mental capacities of individuals for the purpose of appointing guardians or conservators.
Florida Statute § 744.3201 places the burden of proving the necessity of a guardianship order on the people seeking these powers. A petition for guardianship must include data concerning the reasons why a proposed ward cannot adequately care for themselves and medical information about any applicable disease or disability. Once a court receives this petition, it will schedule an examination to determine the medical status of the proposed ward. A Plantation guardianship attorney can assist people in forming detailed petitions and ensuring all of the requirements are met.
The point of a court appointing a guardian is to ensure that a vulnerable person receives the support that they need to care for their everyday needs. This typically includes obtaining a place to live, ensuring that the home is full of groceries and other essentials, and protecting the general welfare of the individual.
Obtaining official authorization to act in this capacity is only the first step in the process. State law under FL Statute § 744.362 requires guardians to submit an initial report concerning their actions no more than 60 days from their date of appointment. These reports must outline the steps they have taken to care for the needs of their ward. The law also mandates that guardians submit reports every year, and the court may also intervene to conduct inspections upon evidence of trouble or neglect. A qualified Plantation attorney can help guardians meet their obligations under the law.
Many people in society are unable to care for their own needs. Regardless of the circumstances, state laws allow adults to file petitions for powers of guardianship. The petitioners must always be able to present persuasive cases as to why a court should grant their requests. This includes demonstrating an ability to serve in the role, why guardianship is necessary, or even doctors’ notes that indicate the extent of a disability.
A Plantation guardianship lawyer can help. At All Florida Real Estate Lawyers, we can work to explain the guardianship process, when these arrangements may be possible, and help people to establish this role in the lives of others. Contact our firm today to learn more.
