Guardianship administration is the process of filing an appropriate petition for the appointment of a guardian, following the applicable Florida Statutes and guardianship rules, and ultimately having a guardian appointed by the Court for the individual known as the “Ward”. This often includes filing a petition to determine the proposed Ward’s level of capacity or incapacity. A guardianship may be for the appointment of the guardian to manage the delegable rights of the Ward and/or their property. A guardian is an individual appointed by a judge to make decisions on behalf of the Ward. The court-appointed guardian may manage the Ward’s property and exercise certain delegable rights of the Ward. A guardian is often a family member and sometimes a professional guardian is appointed in certain cases.
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The determination that a person may need a guardian begins by filing a petition for appointment of a guardian and often a petition to determine the person’s incapacity. The petition to determine incapacity requests the court to appoint an examining committee to evaluate the person and determine to what extent the person may be incapacitated if any at all. This means the person called the “proposed Ward”, may be incapable of exercising some or all of the rights provided in the Florida guardianship statutes. This process involves a three-person examining committee. Each member of this committee will evaluate the Ward and file a report to the court. During the evaluation, each member will decide if the Ward is able or unable to exercise some or all the rights set forth in the Florida Guardianship Statutes The Court will use these reports from the examining committee to help make a determination of incapacity or not. This process is called a Determination of Incapacity
Some common types of guardianship, in addition to parents acting as natural guardians of a minor, include:
(1) A guardianship for a minor of the person and/or property filed by a parent or next of kin;
(2) A guardianship of the person and/or property of an adult;
(3) An emergency temporary guardianship;
(4) Standby guardianship for a minor;
(5) Appointment of a guardian advocate for a person with developmental disabilities;
guardian advocate(6) Appointment of a guardian for a veteran;
(7) Voluntary guardianship where a competent person petitions for the appointment of a guardian.
Chapter 744 of the Florida Statutes covers the different options for termination of guardianship. Some common scenarios include: (1) When the ward has become sui juris, of age(18 years old); (2) When the Ward has been restored to capacity Meaning the Ward can now exercise some or all the rights that were removed; (3) If the property subject to a guardianship has been exhausted in the case of a guardianship of the property; (4) Upon a change of domicile of the Ward; (4) Upon the death of the Ward.
Our process delivers a clear outline that enables you to know what we're doing constantly.
The attorney will discuss your specific matter and determine how best to proceed. Fees and costs to handle the case will also be discussed. An estimated timeline of how long the case may take and potential issues that may arise will be discussed as well.
Once you are retained as a client, you may simply scan and email related and requested information to our secure online mailbox or fax. From that information, we will prepare your guardianship petition for your review and signatures and upon receipt of the signed petition, the attorney will file it in the appropriate Florida court for you.
Upon filing the guardianship petition for appointment of a guardian, the clerk will assign a case number. Once a case number has been assigned, the attorney can begin the administration process.
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Grant and his team did a great job. They quoted a fair price and finished the work in a very timely manner. They listened to our concerns and we were very happy to have them working with us!
Grant Leggett was fantastic. Quick to respond to my million questions. He guided us through the whole process painlessly and professionally. I would highly recommend him to anyone.
Grant is an amazing attorney. Extremely professional and very responsive. He guided me through my mothers probate case with laser precision. Very highly recommended!
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