Guardianships

In the event an individual is unable to manage his/her own affairs and advance directives have not been completed, Elder Law Associates PA advises clients regarding all aspects of legal guardianship proceedings.

The guardianship process requires the filing of court documents, the appointment of an Examining Committee for the purpose of reporting to the court its recommendation regarding the need for the appointment of a guardian, attendance and presentation of evidence at a court hearing, and the post-appointment filing of court documents.

Children and other relatives, such as nieces, nephews and cousins, frequently consult Elder Law Associates PA about their legal rights and obligations when a guardian proceeding is commenced either by the Department of Children and Families or another family member. In many cases, the children and other relatives live out of state, making it extremely difficult to participate in the guardianship process. Elder Law Associates PA fills this void by attending all hearings scheduled by the court and filing legal papers with the court outlining our clients’ position regarding the need for the appointment of a guardian, who the appointed guardian should be, the development of a care plan for the ward and the development of a plan for the management of the ward’s assets.

In some cases, guardianship matters are adversarial due to family conflicts. Elder Law Associates PA has extensive experience handling contested guardian proceedings. Therefore, we are able to guide our clients through very difficult and often emotional proceedings.

Guardianship Advocacy (Florida)

A guardian advocate may be appointed by the court if an adult person has a developmental disability and lacks the capacity to do some of the tasks necessary to care for his or her person, property or estate. This is the least restrictive, and less costly, type of guardianship for persons with developmental disabilities and does not require a determination of incapacity or the appointment of an examining committee. Usually, a parent files for appointment as guardian advocate after a disabled child reaches the age of 18 as the parent no longer has the ability to make decisions for the adult child.

The guardian advocacy process requires the filing of court documents, attendance and presentation of evidence at a court hearing, and the post-appointment filing of court documents. A guardian advocate is obligated to file all paperwork required under a traditional guardianship, including annual plans and accountings.

Elder Law Associates PA advises clients regarding all aspects of legal guardian advocacy proceedings.

We provide Guardianship Litigation services to the following cities/municipalities and the surrounding communities in South Florida.