Seeking Guardianship With an Attorney

Sun, Jun 12, 2011


Florida Guardianship AttorneyNobody wants to think about what would happen to their kids if they were unable to care for them anymore either because of a debilitating accident, or because of death. But it is wise to plan for these situations and the best way to do that is by contacting a Florida Guardianship Attorney and planning a Living Will in the case that an accident or death does occur. The guardianship laws in Florida do not typically change from city to city, but it is best to find a lawyer in your area. For instance, if you are in Sarasota, Florida it is best to find a Sarasota Lawyer to assist in your case.

There are several reasons why one would need to appoint guardianship over their children. The most common case would be in case of death of both parents. This would obviously need to be done while both parents are still alive. If both parents were to die without a legal guardian assigned over the children, the court would assign guardianship to whomever they deemed suitable. Sometimes the parents’ wishes, religious preference, and standard of living is considered, but that is not always the case. It is important to find someone who can carry on the same level of care that the parents provided the children, or an acceptable equivalence.

Another case of needing legal guardianship placed over children might be because the parents will be temporarily unable to provide care for the children. This could be because of an extended amount of leave because of a job such as a military deployment, or because of recovery from a surgery or injury. In this case a Florida guardianship attorney would be able to request temporary guardianship for the children.

Guardianship is not only important for children. Some adults might find that their elderly parents are unable to make decisions for their healthcare or financial situations and may need legal help in making these decisions. The court can then assign legal guardianship and power of attorney to a person so that he can make decisions for the elderly when they cannot make the decisions themselves.

In this case, the legal guardian would make decisions regarding health care, treatments, and financial decisions such as gifts, investments, property management, and overall money expenditures. Specific restrictions can be made for the legal guardian in a legal contract. A Sarasota Lawyer would be able to set specific guidelines for assistance in care.

There are a few exceptions of who can be made legal guardian. Anyone who would have a business interest in the person and would thereby gain by being in control of finances and other decisions would not be deemed acceptable, unless the court decides there is no conflict of interest. Any caregiver of said person cannot be a guardian either, unless the court finds no conflict of interest in the case. Anyone who has been convicted of a felony, is unable themselves to make financial and health care decisions and anyone who has been convicted of committing crimes against a child may not be assigned as legal guardian.

To be assigned or selected as a legal guardian, the person must be a Florida resident, be 18 years of age or older, and be of sound mind and willing to serve as guardian. A person who is a non-resident may become legal guardian if they are related by blood, adoption, or by law. It isn’t easy thinking about who would take of your children if something were to happen to you, but it is a wise decision to make. There are many options in choosing a guardian for your children, or for an elderly relative, and the quicker that decision is made the better it will be for all if the unfortunate situation were to happen.

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