Guardianship is a legal process in which an individual is granted the right to care for another individual (known as the ward) due to incapacity, disability or if the ward is a minor. A legal guardian has the authority to make decisions on behalf of the ward regarding personal care and finances. Guardianship can be granted voluntarily or awarded by a court involuntarily due to the ward’s lack of physical or mental capacity.
Guardianship is a complex legal matter that can result in legal disputes among family members. It is always smart to work with a knowledgeable attorney when establishing guardianship. The legal team at Vollrath Law helps families throughout central Florida establish guardianship as part of its comprehensive estate planning services. We also assist with changes to existing guardianships, such as transferring guardianships.
A guardian oversees the welfare and safety of the ward. There are different types of guardianship. For example, a guardian of the person may make health care decisions for the ward but does not have the authority to make decisions regarding the ward’s finances. A guardian of property can make decisions about finances, but not about health care. A plenary guardian can make decisions about both health care and finances.
Whenever possible, the guardian should respect the ward’s wishes and give the ward as much autonomy as possible. A guardian has a fiduciary duty to act in the ward’s best interests. The court reviews and must approve decisions made by a guardian.
A guardian may be removed if the court determines the ward no longer requires the services of a guardian or if the court determines the guardian is not acting in the ward’s best interests. This may involve the misuse of funds or neglectful care.
We can answer your questions and assist you with any legal needs regarding establishing guardianships or altering an existing guardianship. Call 407-900-0464 or use our online contact form to schedule a free consultation. We help residents throughout central Florida with estate planning and family law concerns.
Had the opportunity to utilize this office for estate planning: Last Will and Testament, Power of Attorney, Designation of Health Care Surrogate, and Living Will. We had the pleasure of working with Brian Buck and Melora Vandersluis Esq. The process was very smooth and we utilized a secure portal to review documents and to prepare for questions …
Our experience with Vollrath Law was excellent. We had an initial phone consultation for our will and potential trust, then worked with one of the associates by email until we scheduled our signing appointment. Everyone in the office is friendly and professional and answered all of our questions/ concerns …
Sharon, Stephanie and Amanda are the dream team with title closings for my customers and for me personally. Highly recommend for stress free, efficient and fast mortgage closings for new purchases and refinances in the state of Florida.
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