Guardianship – A Useful Tool When No Advance Directives Are in Place
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 can 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 himself or herself, or his or her property or estate. This is the least restrictive, and less costly, type of guardianship for people 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 is legally able 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 throughout Florida, and particularly in the following cities/municipalities and surrounding communities in South Florida near our offices:
- Palm Beach County: Boca Raton, Delray Beach, Boynton Beach, Highland Beach, Lake Worth, West Palm Beach, North Palm Beach, Palm Beach, Royal Palm Beach
- Broward County: Coconut Creek, Deerfield Beach, Fort Lauderdale, Hollywood, Margate, Plantation, Pompano Beach, Sunrise, Tamarac, Weston
- Miami-Dade County: Aventura, North Miami, North Miami Beach, Sunny Isles, Miami Shores
Having gone through an extremely difficult Medicaid application process for my father in Florida years ago and with the recent passing of my mother I desperately needed to find a competent and understanding law firm that could expedite and help me with elder care legal issues for my uncle in Boca.
Living in NYC with nobody to take care of my sick uncle 1,400 miles away, I found the expertise and compassion of Howard Krooks and his wonderful firm to be incredible. I would highly recommend them to anyone and already have.
When my mom had a stroke -- and unfortunately due to her diabetes -- needed to be moved full time to a nursing home, I needed to qualify her for Medicaid, as the cost of proper care is prohibitive. Ellen and her team did an outstanding job, helping to reallocate my mom's assets and quickly qualifying her for Medicaid benefits. It would be almost impossible for the typical person to get through this process in such a short period of time.
I truly thank Elder Law Associates PA for making this happen.
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