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GUARDIANSHIP LITIGATION:

In Florida, adults who are either partially or totally incapacitated (and sometimes minor

children who receive large amounts of money or assets) may require the establishment of a legal

guardianship over their person and / or their property.  For example, an elderly person with

advanced Alzheimer's disease, or an accident victim with severe and permanent head trauma, may

have

great difficulty managing his or her financial affairs, as well as certain aspects of their daily lives. 

Under

such circumstances, the Court may find that the person is partially or totally incapacitated, and upon such a

finding, the Court must establish a guardianship for the incapacitated person.  The legal guardian is then responsible for

It is the public policy of the State of Florida to use the "least restrictive means" necessary to protect the incapacitated

person.  This means that the Court must look to see whether there are alternate, less restrictive means available to protect and

care for the incapacitated person and their assets.  For example, a Trust might be a less restrictive alternative if the Trustee is

responsible for managing the ward's assets and / or for providing certain services to the ward, such as adequate health care,

If the Court finds that there is no other alternative, then a guardianship is required and the Court must immediately

appoint a legal guardian.  The legal guardian must then administer the ward's assets (if it is only a guardianship over the

ward's property), or provide daily care for the ward's person (if it is only a guardianship over the person), or both if both are

ordered by the Court.  This process of opening the legal guardianship and administering it on a daily basis is called a

Legal guardians must report to the Court at least annually as to the status of the ward's person and assets.  If the

guardian is not also an attorney licensed to practice in Florida, then the guardian must retain an attorney to represent them in

However, if there is a legal battle over whether the individual is in fact incapacitated in the first place, or as to who

should serve as their legal guardian, or whether the legal guardian is currently acting in the ward's best interest, or a

Like probate litigation, these legal battles can be very emotionally charged and can take many months or even years to

resolve.   Advocate Law  Groups of Florida, P.A  has the experience necessary to help you obtain your goals , and we will

vigorously represent you in order to achieve them. 

 

    GUARDIANSHIP LITIGATION

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