Our Gainesville FL, guardianship lawyers are here to help your family when a loved one can not care for themselves, or when a child is receiving assets that must be placed under the authority of a guardianship court. Based in Alachua County, our guardianship lawyers have experience establishing guardianships throughout the state of Florida from Panama City to Key West. A Gainesville FL guardianship lawyer at our firm will be happy to answer any questions that you have about a specific case.

Guardianship for Adults

When an adult lacks the capacity to care for themselves, Florida Law provides a procedure through which another person (typically a family member) can be appointed by the court to make decisions for the person lacking capacity. When a person loses capacity through age or injury their family can purse what is know as an “incapacity guardianship.”

Incapacity guardianship proceedings involve the appointment of an examining committee (three medical professionals appointed by the court) to interview the incapacitated person (known as the proposed ward). The court likewise appoints a “guardian ad litem” to represent the interests of the ward in the proceeding. The court then makes a determination of what rights should be transferred to the proposed guardian.

When a person lacks capacity due to a developmental disability, an alternative proceeding known as a “guardian advocacy” is available to the family, which does not require the appointment of an examining committee.

Minor Guardianship

Worried kidWhen a child receives a settlement or inheritance above $15,000.00, Florida statutes set out rules to protect the interests of the minor. One of those rules is the requirement for a court appointed “guardian of the property” to oversee the minor’s assets. Florida courts closely scrutinize potential guardians because, in the past, irresponsible guardians have misappropriated funds belonging to children. Our firm is experienced in having guardians appointed, securing court approval of child settlements, and ensuring children’s assets are held in compliance with Florida law.

Gainesville FL Guardianship Lawyer

For a visual guide to guardianship rules (based on a child’s gross settlement/net settlement) in a minor injury case, reference our flowchart:

2021 Child Settlement Flowchart

A Guardian’s Responsibilities

If you have questions about a guardianship matter in Florida, call Florida Probate Law Group today at (352) 354-2654 to speak to a Gainesville FL guardianship lawyer.

Click here to learn more about the guardianship process in Florida.

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I was very happy with her response to my questions and concerns about Florida probate. I am in Ohio and was not familiar with the process but they cleared everything up for me and made me feel comfortable going through the probate process with my loved ones will. Roger
Honest and straight forward assessment of complex case. My case span both federal and state issues, as well as civil case of fraud which maybe criminal fraud. He told me what he could do, what his limits of scope were and what my best/safest position should be and gave me an outline of how to get there. S. Todd
The world of probate can be fairly daunting for one who has little to no experience. Between trying to figure out what to file and when to file, there is also the where. I was quite relieved to have Nadine and Cary to guide me through the court process. Michael O.
I highly recommend using this law group for your Florida probate needs, and in particular, Charles David. He explained clearly what my 91 year old aunt would need to do in order to sell property that was in hers and her late husband's name. Patti T.
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