Blog: Guardianship
Making End of Life Decisions
Making End of Life Decisions Whenever I talk to people about creating a living will (which outlines important health care decisions that you want – and, not to be confused with a Last Will and Testament, which specifies who you want to inherit your assets and who will...
My special needs child is about to turn 18 – Am I still in charge?
I have been receiving an alarmingly high volume of phone calls over the last few months from individuals who have children with special needs that are about to turn 18 and they are panicked because they have been told they will lose the ability to make legal, health...
Autism at 18: What can a parent do financially and legally?
My child is autistic and is about to turn 18. Her doctor told me that I better look into a guardianship because I will not have any authority to control health care decisions or financial decisions once she turns 18. Is this true? I must receive at least five phone...
Florida Guardianship: What is the Role of Guardian?
Guardianship is a very serious matter. A Florida guardian is expected to report to the court on an annual basis regarding how the Ward is being cared for, where the Ward is being cared for and the guardian is expected to provide an accounting to the court regarding...
Florida Guardianship: Who may be appointed as guardian?
Who may be appointed as guardian? Florida statutes state that any resident of the state who is sui juris (legally competent) and 18 years of age or older may act as a guardian of the ward. Non-residents may also serve as guardian as long as they are related by...
Why is a Guardianship Necessary?
Why is a guardianship necessary? A guardianship is a legal proceeding whereby an individual (the “ward) is determined to be incapacitated, their rights are taken away, and a guardian is appointed to take care of the ward and exercise the legal rights of the ward.  ...
Florida Guardianship: How does the state determine “incapacitation”?
How is someone found to be incapacitated? Any person can file a petition with the court stating that they believe an individual to be incapacitated. The court then appoints an examining committee of three people to evaluate the individual and render an opinion of...
How Do I appoint a Legal Guardian for my child?
I frequently get phone calls from parents with minor children asking about how they can appoint someone as the legal guardian over their child should something happen to them. The answer is pretty simple – you can sign a legal document designating an individual (or...