Ormond Beach Guardianship Lawyer

Ormond Beach Guardianship Attorney

A guardianship is established when an adult is appointed the legal responsibility to make decisions on behalf of another person, either personal or financial decisions. This can be done for minors, adults with disabilities, or elders who struggle to make their own decisions. This process is incredibly personal and requires careful oversight by an Ormond Beach guardianship lawyer.

Hire a Guardianship Lawyer With Years of Legal Experience

Since 1986, the team at The Preston Law Firm has helped hundreds of Florida residents in similar situations. Filing for guardianship is an emotionally heavy task to undertake. If you’re contemplating starting this process, contact us to schedule a confidential consultation.

During your appointment, you can describe your situation in detail, along with your desired outcome. From there, one of our lawyers can provide transparent legal guidance so you can make informed decisions regarding your case.

Florida Guardianship Laws

Between 2023 and 2024, there were 9,269 guardianship cases filed within Florida. In Volusia County, there were 255 guardianship cases filed. This process can be pursued by any Florida adult who believes it’s the right choice for the person they’re filing for, called a ward. This isn’t a decision to be taken lightly and requires diligence on the potential guardian’s part.

The process begins when an adult files a petition asking the Volusia County Courthouse, located at 101 North Alabama Avenue in DeLand, to determine that another person may be incapacitated. Once the petition is filed, the court appoints an examining committee to evaluate the person’s mental and physical abilities and report their findings to the court. A court will only grant a guardianship after careful review.

In Ormond Beach, establishing a guardianship involves several costs that vary. Filing for a guardianship of the person only costs $235, while guardianship of the property or both person and property costs $400. A petition for determination of incapacity costs $231.

It’s important to hire a guardianship lawyer to represent your case. Trying to advocate for yourself can be difficult, as most people don’t know the extent of the state’s laws. An Ormond Beach guardianship attorney with years of experience in similar cases will understand how to fight on your behalf.

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When a Guardianship Can Be the Right Option

Guardianships for adults are a last resort, as courts want adults to maintain autonomy whenever possible. 95,468 residents of Volusia County were living with a disability in 2022. Courts will typically seek alternatives to guardianship.

Adults with disabilities can either file a petition for guardianship themselves, or the court will grant a guardianship for them. However, guardianships for adults may also be pursued for elderly loved ones who are struggling to care for themselves.

There are various scenarios where a guardianship may be the right choice for your loved one. These situations include:

• A loved one suffers from dementia, Alzheimer’s disease, or another condition that affects judgment and awareness.
• Your parents’ finances are in danger. Elderly individuals are frequent targets for scams or financial exploitation.
• A disabled adult needs extra support to protect their finances and physical well-being.
• A minor child’s parents pass away or become incapacitated.
• A minor child inherits assets or compensation from a legal case.

FAQs

What’s an Annual Care Report for a Guardianship?

By law, guardians in Ormond Beach, Florida must file reports that detail how the ward will be cared for in the upcoming year. If the ward has the mental capabilities, the guardian should look over the care report with them. It’s typically filed every year within 90 days of the month when the guardianship was first granted. If the report isn’t filed on time, the guardian may face legal penalties, such as removal as guardian or being held in contempt.

What’s an Annual Accounting Report for a Guardianship?

Similar to the annual care report, an annual accounting report must be filed every year by the guardian, typically by April 1st. This is only done when the guardian is responsible for managing the ward’s finances and assets. The report must detail how their estate was managed in the previous year.

What Are Some Alternatives to an Adult Guardianship?

The courts will pursue a few alternatives before establishing a guardianship. A durable power of attorney gives legal responsibilities to another person, either for a specific task or broader duties. A special needs trust is created by a trusted adult, who puts finances into it that the disabled adult can use. These trusts preserve their eligibility for government benefits. A healthcare proxy assigns an adult to be in charge of the disabled adult’s medical care.

What Is a Limited Guardianship for Disabled Adults?

A limited guardianship is a type of guardianship that can be chosen for disabled Florida adults. This is granted by courts to limit the guardian’s authority. It can be set up when the ward can take care of many of their own tasks, but they still lack the ability to do certain necessary tasks for themselves. For example, if an adult with autism struggles to manage their finances but can still reliably attend doctor’s appointments, a limited guardianship may be granted.

What Is a Plenary Guardian for Disabled Adults?

A limited guardianship is another type of guardianship that can be selected for disabled adults living in Florida. This type is more intensive than a limited guardianship, and it is granted when the ward can’t make any decisions for their care. For example, if an elderly parent develops dementia, a plenary guardianship may be awarded to their adult child. The guardian can make all legal decisions for them and handle their assets, but this is only done as a last resort.

Choose an Experienced Guardianship Law Firm in Florida

Remember, the outcome of a guardianship case affects not only you but also the future of your ward. Reach out to The Preston Law Firm today to learn how we can assist you during your case. We strive to provide efficient and empathic legal care to all clients while building lasting relationships. You don’t have to go through this time by yourself. Let our team be the ones to help.