Flagler Beach Guardianship Lawyer

Flagler Beach Guardianship Attorney

If you are seeking compassionate and professional legal guidance in matters of guardianship, it is time to connect with a Flagler Beach guardianship lawyer. Our law firm is made up of experienced guardianship attorneys who are here to provide you with assistance and support in navigating the legal complexities of guardianship cases in Flagler Beach and surrounding areas.

Why Choose Our Firm?

At The Preston Law Firm, we understand the challenges families face when it comes to protecting vulnerable loved ones. We realize how sensitive these cases may be and are ready to help you protect those who may need it. Whether you are seeking to establish guardianship over a minor, an elderly family member, or someone with special needs, our legal team is committed to helping you make informed decisions through this difficult process.

What Is Guardianship?

A legal relationship in which one person (the guardian) is appointed by the court to make decisions for another person (the ward) who is unable to make those decisions independently is referred to as guardianship. This relationship is often necessary when a person cannot care for themselves or manage their own affairs due to age, mental incapacity, disability, or other conditions.

Guardianships may be established for:

• Minor Children.
• Elderly Family Members.
• Adults with Special Needs.

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Types of Guardianship

In Florida, there are several types of guardianship. Each type is designed to address the specific needs of the individual requiring assistance. These include:

• Guardianship for Minor Children: A guardianship of a minor may be needed when the child’s parents are unable to care for the child due to illness, incapacity, or other reasons. This type of guardianship allows a responsible adult to assume legal responsibility for the child’s care and well-being.
• Guardianship of an Incapacitated Person: A guardianship of an incapacitated person is necessary when an adult is no longer able to make informed decisions due to a mental or physical disability. The court appoints a guardian to handle decisions related to healthcare, finances, and legal matters for the individual.
• Emergency Guardianship: An emergency guardianship can be established on a temporary basis if an individual’s health or safety is at immediate risk and they are unable to make decisions for themselves. This emergency guardianship is intended to provide immediate care and protection until a more permanent solution is found.
• Plenary Guardianship: This is a full guardianship where the guardian has complete control over the ward’s decisions, including healthcare, personal affairs, and financial matters. Plenary guardianship is typically used for individuals who are completely incapacitated and unable to make decisions for themselves.
• Limited Guardianship: The court may appoint a limited guardian, giving the guardian authority to make certain decisions while allowing the ward to have control over other aspects of their life. Limited guardianships are typically used when the individual can still handle some aspects of their life but needs assistance with specific areas.

The Guardianship Process in Flagler Beach

There are several steps involved in establishing guardianship in Flagler Beach and throughout Florida. The process can be time-consuming and complex, and it’s important to work with a skilled guardianship attorney who can guide you through each stage to ensure that the process goes smoothly.

1. Filing for Petition of Guardianship
2. Notifying Interested Parties
3. Court Hearing and Investigation
4. Guardianship Appointment
5. Ongoing Monitoring

Guardianship Trends in Flagler County

Flagler County’s guardianship system primarily addresses the needs of minors and incapacitated adults. Guardianship cases are typically initiated when an individual is declared incompetent or incapacitated or when a minor receives an inheritance or settlement.

The county’s child welfare statistics indicate that guardianship is a significant outcome for children in the foster care system. Between October 2021 and September 2022, 19% of children discharged from foster care in Flagler County were placed in guardianship, slightly above the state average of 17%.

Additionally, the average time from removal to guardianship discharge was 17.8 months, which is shorter than the state average of 16.3 months.

Florida Guardianship Reform

Florida’s guardianship system has faced scrutiny due to instances of abuse and lack of oversight. A notable case highlighting these issues involved Rebecca Fierle, a professional guardian who was charged with abuse and neglect after signing a Do Not Resuscitate order for a ward without proper consent. This case showed the need for systemic reforms.

In response, the Florida Legislature passed a bill in 2022 mandating the creation of a statewide guardianship database by July 1, 2023. This database aims to track guardianship cases, identify potential conflicts of interest, and overall enhance transparency.

FAQs About Guardianship Law in Flagler Beach,FL

Contact Us Today

If you are considering guardianship for a loved one in Flagler Beach or the surrounding areas, it’s essential to consult with an experienced attorney who can help you understand your options and guide you through the complicated process. At The Preston Law Firm, we are here to help you protect the people you care about most.

Let us help you provide the legal protection and care your loved one deserves. Connect with us today.