When someone close to you shows signs that they may not be able to make sound decisions for themselves, or exhibits symptoms of cognitive decline, the best protection for them may be a guardianship. Guardianships in Florida give one person control over another’s finances, medical treatment, or both. Our Winter Park, FL guardianship lawyer can explain how a guardianship can give you peace of mind for your loved one’s safety, and complete the procedure on your behalf. Call Hirani Law today for a consultation.
Guardianships Lawyer Winter Park, FL
A guardianship gives one person the legal authority to manage the medical or financial matters of another individual. Guardianships can be limited, and cover either medical decisions or financial decisions, or full, covering both. This legal designation gives the guardian the same legal authority to make decisions for their ward as the individual themselves would have. Guardianships are most common when someone is cognitively or physically unable to make decisions for themselves.
For example, if a loved one is showing signs of cognitive decline or has been diagnosed with Alzheimer’s Disease or another form of dementia, establishing a guardianship can offer vital protection. It can protect them from being taken advantage of, especially in communal settings like memory care facilities. Any individual wishing to “help” your loved one with their money or tell the doctors what kind of treatment to give must have legal standing to do so. When you’re a guardian for your loved one, you ensure that no one else can act against their interests.
Deciding to pursue a guardianship for a family member is never easy, and we understand it can bring up difficult emotions or even family disagreements. But when your goal is truly to protect your loved one, guardianship can often be the best solution. It’s only an effective solution, though, if it’s legally complaint. Florida courts require the petitioner to clearly demonstrate, with objective proof like a medical exam, that the proposed guardianship is necessary. This is because a guardianship, even a limited one, significantly limits an individual’s autonomy. The court needs clear evidence that your loved one cannot make sound decisions regarding their finances or medical care, and that a guardianship is in their best interest. Our lawyers know how to develop a strong case and coordinate with the ward’s attorney ad litem to ensure that their interests are safeguarded.
Why Our Experience Matters In Guardianship Cases
Florida courts require a guardianship petitioner to present a strong case before they grant a guardianship, and our Winter Park guardianship lawyer knows just how to construct one. Our firm has the resources families like yours need to complete the process properly, so you can protect your loved one and ensure that they have the medical care and financial protections they need. We also present our compelling arguments on your behalf in court.
- Meenakshi A. Hirani, firm founder, began her law practice in India in 1976 before continuing her career in the United States
- Meena Hirani has served as the past president of the Central Florida Association of Women Lawyers
- Hirani Law offers nearly 50 years of combined legal experience to serve clients throughout Florida
- Ms. Hirani earned her JD from Stetson College of Law, strengthening her legal background
- Meenakshi earned an Executive MBA from Rollins Crummer Graduate School of Business with high honors
Are you worried about an elderly or infirm loved one and want to know your options for guardianship? Call Hirani Law today for a personalized consultation.
Types of Guardianship Cases We Handle in Winter Park, FL
Guardianship proceedings in Florida can arise under many different circumstances, and the legal process involved varies depending on the situation. For families in Winter Park and the greater Orange County area, understanding the types of guardianship matters an attorney handles can help clarify what to expect and when legal help is needed.
- Guardianship of a Minor: This type of guardianship is established when a child’s parents are unable to care for them due to death, incapacity, or other circumstances. A court appoints a guardian to make decisions about the child’s welfare, education, and daily needs.
- Guardianship of an Incapacitated Adult: When an adult can no longer make safe or sound decisions due to illness, injury, or cognitive decline, a court may appoint a guardian to act on their behalf. This process requires a formal determination of incapacity under Florida law.
- Emergency Temporary Guardianship: In urgent situations where an individual faces an immediate risk of harm, a court can appoint a temporary guardian on short notice. This is a short-term measure typically put in place while the full guardianship process proceeds.
- Limited Guardianship: Not every guardianship requires full control over a person’s life and decisions. A limited guardianship grants the guardian authority only over specific areas, such as finances or healthcare, while the individual retains rights in other areas.
- Plenary Guardianship: This is a full guardianship that gives the appointed guardian broad authority over both the person and their property. It is typically reserved for individuals who have been found completely incapacitated by the court.
- Guardian Advocacy: Florida offers a separate process called guardian advocacy for individuals with developmental disabilities who have never had the capacity to make their own decisions. Unlike standard guardianship, this process does not require a formal finding of incapacity, making it a more accessible option for many families.
- Guardianship of Property: Sometimes guardianship is needed only to manage a person’s financial assets, not their personal care. This can occur when a minor inherits money or property and needs someone legally authorized to manage those funds until they reach adulthood.
- Restoration of Capacity: Guardianship is not always permanent. If a ward’s condition improves, Florida law allows for a petition to restore their legal rights, either partially or fully, and terminate the guardianship.
- Out-of-State Guardianship Recognition: When a guardianship has been established in another state and the ward moves to Florida, the existing order may need to be registered or modified to be recognized under Florida law.
Florida’s guardianship process is governed by Chapter 744 of the Florida Statutes, which sets out specific procedures, timelines, and ongoing responsibilities for guardians. These requirements can be detailed, and failing to meet them can create problems for both the guardian and the ward.
Whether you are seeking to establish a guardianship, modify an existing one, or understand your rights and duties as a guardian, the team at Hirani Law is ready to help. A guardianships lawyer in Winter Park, FL can walk you through your options and help you take the right steps for your family’s situation. Reach out today to get started.