The law in Fort Lauderdale says that adults are responsible for obtaining housing, earning an income, and providing for their own needs. Sadly, situations can arise where an individual is no longer able to perform these roles on their own. The onset of physical or mental disabilities is a common reason for these scenarios.
With the help of our trusts and estate attorneys, you can petition the court for guardianship of your friend or family member who has become incapacitated. A guardian has the legal authority to take possession of property, provide a living space for the ward, and protect the legal rights of that party. To obtain these powers, it is necessary to prove that the guardianship is necessary and that the potential guardian is suitable to serve in this role for the potential ward. Marc Brow, P.A., our Fort Lauderdale guardianship lawyer can help in both these areas. Our compassionate estate planning attorney can advocate for you and your loved one.
Why Might a Guardianship be Necessary?
The legal concept of a guardianship exists to ensure that people who struggle to care for their own needs receive the support that they need to continue to live safely. These conditions may impact people at any time. In some cases, a long-term illness has progressed to the point where an individual is no longer able to care for themselves. In others, a permanent mental or physical disability leaves an adult wholly dependent upon the support of others.
In all cases, if you seek the role of guardian over another adult, you bear the burden of proving the necessity of the role to the court. According to Florida Statute § 744.3201, any petition for appointment as a guardian must include information as to why this appointment is necessary for the wellbeing of the proposed ward. Upon receipt of this petition, the court must schedule an assessment of the proposed ward by an examining committee, which must include at least one physician as well as nurses and social workers. The committee’s conclusion is the primary factor in determining whether a guardianship is necessary.
Our experienced attorney in Fort Lauderdale can determine if you should petition for guardianship of your struggling loved one.
Assisting Potential Guardians to Help their Friends or Family Members
Obtaining guardianship requires proving to a court that a person needs help to care for their wellbeing. Any petition that you, as a potential guardian, submits to the court must outline why the proposed ward needs extra care, as well as explain why you would be right for the role.
However, the process does not end there. FL Statute § 744.362 requires guardians to submit an initial report to the court no more than 60 days from the date of initial appointment. In addition, you must also present a guardianship plan that outlines the steps that you will take to care for the ward. In addition, you must follow up every year with reports about your ward’s health and your plans for them.
Our Fort Lauderdale lawyer can help parties obtain initial guardianship powers and remain in compliance with all reporting requirements in the future.
Contact a Fort Lauderdale Guardianship Attorney Today
Unfortunately, many adults need help caring for themselves at some point in their lives. This may be the product of advanced age, a traumatic injury, or a progressing disease. When this happens, a concerned friend or family member, such as yourself, may petition the court for an appointment as a guardian. This will allow you to provide for the well-being of a ward and take control over every aspect of their life.
Our Fort Lauderdale guardianship lawyer, Marc Brow, P.A., can help you if you are considering acquiring a ward. We could provide more information about the powers and duties of guardians and assist you to gather the necessary evidence and submitting comprehensive petitions to the court. Get in touch now to learn more.