Tampa Guardianship Attorney
As adults, we are used to making our own decisions about our lives and our property. Unfortunately, there may come a time where you are no longer capable of managing your own affairs. And if you do not already have agents in place to act for you as part of your estate plan, it may become necessary for a Florida court to place you under a guardianship.
If you have a family member who may be in need of a guardianship, or you are an adult who believes a guardianship might be in your best interest, it is important that you seek out qualified legal counsel. An experienced Tampa guardianship attorney can review your situation, advise you on whether a guardianship might be the right option, and represent you in any legal proceedings before the court. Knudsen Law is a full-service Florida estate and probate firm that represents potential guards, incapacitated persons, and others with a legal interest in a guardianship matter.
The Basics of Florida Guardianships
A guardian is a person or institution appointed by a Florida court to act on behalf of a ward, which is a person deemed legally incapacitated. In this context, “incapacitated” means the ward lacks the capacity to manage some of all of their personal affairs. Any interested adult, including the ward, may file a petition to determine incapacity and establish a guardianship.
When the court receives a petition to determine capacity, it must appoint a three-person committee of medical experts to examine the ward and report back to the judge. If the ward does not have their own attorney, the court will appoint one to represent them during the proceeding. Should a majority of the examining committee conclude the ward is unable to exercise certain rights, the judge will schedule a full hearing to decide incapacity.
Guardianship is always a measure of last resort in Florida. Even when the judge determines the ward is incapacitated, any guardianship must reflect the least-restrictive alternative for safeguarding the ward and their property. To that end, the court can appoint a guardian of the property to manage the ward’s finances, a guardian of the person to manage the ward’s personal care, or both.
All Florida guardians are subject to the ongoing supervision of the court. The guardian must file periodic accounts with the court of the guardianship estate’s property and the ward’s current living situation. And if the ward regains capacity, they can file a petition to restore their rights and terminate the guardianship. Likewise, if there is evidence that the guardian is not acting in the fiduciary interest of the ward, the court can remove the guardian and appoint a new one.
Reach Out to Our Tampa Guardianship Attorneys Today
Given the drastic impact it can have on a person’s rights and freedoms, a guardianship proceeding is always a sensitive matter. If you are an interested person in such a proceeding, it is therefore best to work with a skilled Tampa guardianship attorney who can advise you of your rights and advocate for your interests in court. Contact Knudsen Law today at (727) 398-3600 to schedule a consultation.