DeLand Guardianship Lawyer

DeLand Guardianship Attorney

Deciding to become someone’s guardian is a big decision, not to be taken lightly. It changes all aspects of the ward and guardian’s life. During this process, having a DeLand guardianship lawyer to help you navigate legalities can make all the difference in your case.

Why Choose Us?

Since 1986, The Preston Law Firm has helped protect the rights of over 3,000 Florida clients. Our team understands the immense undertaking of becoming someone’s guardian, and we are here for you. During your first appointment, you’ll be able to discuss your desires in detail and any nerves about the case. We can help explain everything so you can make informed decisions about your future.

What Is Guardianship?

Guardianship is a legal arrangement where one person is in charge of making legal decisions for another. Guardianship in DeLand is overseen by the Volusia County Courthouse, located at 101 North Alabama Avenue. This process can be done for minors or adults with disabilities, called wards. It can also be filed for aging adults who are unable to make personal or financial decisions for their own well-being.

Between 2023 and 2024, there were 255 guardianship cases filed in Volusia County. This is a common process that exists to benefit the ward’s quality of life. The Florida guardianship process involves several specific legal steps that must be carefully followed to be appointed by the court.

A guardian can be any adult resident of Florida, regardless of their personal relation to the potential ward. They can’t be a convicted felon and must be deemed able to carry out their legal duties. Non-profits and professional guardians can also serve as a ward’s guardian.

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Guardianship for Minors

Courts require specific circumstances for guardianships over minors. These situations include:

1. If the minor’s parents pass away
2. If the minor’s parents are incapacitated
3. If the minor receives an inheritance, compensation from a legal case, or money from an insurance policy that exceeds the amount allowed by law

Guardianship for Adults with Disabilities

To become a guardian for an adult, that adult’s ability to make decisions for themselves must be so impaired that the court warrants a guardian. This is a last resort for courts.

As of 2022, 95,468 residents of Volusia County were living with a disability. Most of these individuals don’t require guardianship but benefit from a solid support system. The court will generally try to seek alternative options for the adult, such as:

1. A durable power of attorney. This is a legal document that a person signs to give another person legal responsibilities in their name. This can be done for specific tasks, such as selling a home, or to enable broader decision-making power. For example, a power of attorney may be signed to allow a disabled adult’s sibling to track and manage their finances for them. This allows the adult their independence in other facets of life, and the power of attorney can be revoked by them at any point.
2. A special needs trust. This type of trust is a legal contract that allows a person to hold the assets of a disabled adult. It provides the disabled adult the resources and finances they require while still preserving their eligibility for government benefits.
3. A health care surrogate or proxy. This allows a person to be in charge of a disabled adult’s medical care. A proxy acts based on what they believe the person would want to be done medically.

These avenues should be explored thoroughly before deciding on guardianship. There are two types of guardianships for adults in Florida. A voluntary guardianship is for an adult who is mentally competent but can’t manage their own estate. They have to voluntarily petition for a guardian.

An involuntary guardianship is when the court decides that the person is incapacitated and unable to manage their estate, health, and safety.

FAQs

What Is a Limited Guardianship in an Adult Guardianship Case?

A limited guardianship is a type of guardianship that limits the authority a guardian has over the ward. Courts will assign this if they find that the ward can handle many of their own tasks. The ward must lack the ability to do some of the things necessary to care for themselves and their estate.

What Is a Plenary Guardian in an Adult Guardianship Case?

A plenary guardian is a more intensive type of guardianship. This type of guardianship is appointed by the court when a ward can’t make any decisions for their well-being or care for themselves at all. A plenary guardian has the authority to make all legal decisions for the ward, as well as handle their estate. This type is typically a last resort for the courts and is appointed if it truly benefits the disabled adult.

What’s a Guardianship Annual Care Report?

In Deland, Florida, guardians must file reports with the court every year. These documents are typically due within 90 days after the anniversary of the month when the guardianship letters were issued. This report details how the ward will be cared for in the coming year. If the ward is able to understand, the guardian should review the report with them. If a guardian doesn’t file their report on time, they face legal penalties. This can include removal of guardianship or contempt of court.

If a guardian is responsible for the ward’s estate, they must file an annual accounting report that shows how the ward’s money and property were managed for the previous year. This report is usually due by April 1st. It’s important to remember to hire a guardianship lawyer, as they can help ensure legal compliance throughout your guardianship.

Hire a Guardianship Lawyer That You Can Trust

With over 50 years of combined professional experience, The Preston Law Firm is proud to be a pillar in Florida’s legal community. Call or email our New Smyrna office today to set up your first appointment. We’re here to help you in any way you need. You don’t have to navigate Florida’s complex legal system by yourself.