Palm Coast Guardianship Attorney
There are situations where an individual is no longer able to make important decisions on their own. In those cases, a Palm Coast guardianship lawyer can help a trusted person become the ward of that individual. Guardianship cases are serious matters that require legal representation by an attorney who understands the state’s guardianship laws. The courts require clear and compelling evidence that the impaired individual requires guardianship.
Why Trust The Preston Law Firm?
Guardianship cases are often highly emotional. By the time a guardianship case is initiated, the family of the individual who requires a court-appointed guardian is often exhausted from the challenges of caretaking. Guardianship is often not the first resort for family members, but it can be an important tool for ensuring that your elderly, disabled, or impaired family member does not make decisions that could prove harmful to themselves and others.
The Preston Law Firm understands how to handle these cases with diligence and compassion. For decades, we have helped residents in Palm Coast navigate the complexities of a guardianship case. Once the process is over, our clients are often relieved to know that their loved one is in the trusted protection of a guardian.
Understanding the Guardianship Process in Florida
There are several types of guardianships in Florida. One of the most common types of guardianship is the guardianship of a person. This legal designation allows a guardian to make decisions about the ward’s living arrangement, personal needs, and medical treatments.
A judge can also award guardianship over a property. This allows the guardian to manage the ward’s estate, pay bills, and manage assets on behalf of the ward.
Limited guardianship restricts the decision-making powers of a guardian. For example, the guardian may only have the authority to make medical decisions on behalf of the ward.
If an individual is in imminent danger, a court may appoint a guardian on an emergency basis. The goal of this type of guardianship is to protect the ward from immediate harm. Emergency guardianship is usually temporary and only lasts until a formal hearing can determine the need for long-term guardianship.
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When Is Guardianship Necessary?
One common reason family members may seek guardianship over another individual is due to advanced age. Seniors are at higher risk of developing dementia and other conditions that can affect their decision-making. When an elderly person develops Alzheimer’s, their children may seek guardianship over them to ensure they do not make harmful decisions.
Individuals with developmental disabilities may also be designated as a ward. Individuals with severe cognitive impairments are often not equipped to handle personal decisions about finances, medical treatments, or legal decisions.
Children whose parents are deceased or incarcerated may require the help of a guardian. Guardianship is one powerful tool for providing safety and security for an individual, but there are also less restrictive options that can benefit an impaired adult, such as a power of attorney or health care proxy.
How a Palm Coast Guardianship Lawyer Can Help
The legal process for establishing guardianship can be complicated. The state has an interest in balancing the rights of the individuals with concerns that they are no longer able to make responsible decisions about important matters. By working with a guardianship attorney, you can ensure that you have legal grounds for seeking guardianship and that the process is conducted in accordance with the law.
The first step may involve determining what type of guardianship you are seeking. Working with an attorney can ensure that you seek the least restrictive type of guardianship that still protects the ward. If disputes between family members arise, having legal representation can help resolve those conflicts.
FAQs
A: Attorney fees for guardianship depend on case complexity, court requirements, and whether the process is contested. Some attorneys charge a flat fee for straightforward cases, while others bill hourly for more involved matters. Costs may include legal consultations, document preparation, and court representation. Speaking with a guardianship lawyer can provide a clearer understanding of the expenses involved.
A: Establishing guardianship involves court filing fees, attorney fees, and additional costs such as background checks and required evaluations. The court may also require the guardian to complete educational courses or submit financial reports, which can add to the expenses. The total cost depends on the complexity of the case and whether legal disputes arise during the process.
A: Florida law requires an attorney in most adult guardianship cases. For minor guardianship, legal representation may not always be necessary, but it is often recommended. Guardianship involves complex legal filings, court hearings, and ongoing responsibilities, making legal guidance essential for compliance. An attorney can ensure all paperwork is correctly filed and helps navigate the court approval process efficiently.
A: The time required to establish legal guardianship depends on the case. Uncontested cases move faster, while contested cases or those requiring medical evaluations take longer. Emergency guardianship may be granted quickly if the court determines an urgent need. The process can vary based on court schedules, required assessments, and whether all legal steps are completed correctly.
A: Guardianship always considers the interests of the ward. When an individual is unable to make important decisions, one of the benefits of establishing guardianship over them is having a trusted person who can make those decisions and prevent the ward from harming themselves or making poor choices. For the ward’s loved ones, guardianship can provide peace of mind during a challenging time.
Schedule Your Guardianship Consultation Today
Once the decision to seek guardianship has been made, having strong legal representation can improve your chances for success in court. The Preston Law Firm understands how emotionally challenging guardianship cases can be.
There may be disagreements between family members on what the ideal course of action should be. We can help you navigate those situations and represent you in court so your loved one receives the protections they need. Contact our office today to schedule your guardianship consultation.