If you need to open a guardianship in Boca Raton, our Boca Raton guardianship lawyers can help you open the guardianship in Broward County. Call us at 800-337-7755 for a free consultation.
A guardian in Florida has the important job of exercising control over the well-being of another individual. Decisions made by a guardian will include those related to another individual’s education, medical care, and daily living. While a guardian can be appointed over children, guardianship is also commonly exercised over incapacitated individuals who, due to an impairment, are incapable of caring for themselves. To obtain the assistance of a guardian, you should not hesitate to speak with a knowledgeable lawyer.
The Appointment of a Guardian in Boca Raton
A court will generally only appoint an individual as a guardian if an individual files a petition with the court. Because this process is often very complex, many people find it helpful to obtain the assistance of an experienced guardianship attorney in Boca Raton to navigate matters. After this petition is filed with a court of law, the court will begin evaluating the character of both the incapacitated individual and the proposed guardian. A court will appoint a committee to evaluate whether the incapacitated individual is able to make decisions regarding their care. To do so, two physicians and one lay person are often hired. If a child is under the age of 18, it will often be presumed that the child requires an adult to make decisions for them until the child is emancipated.
If the committee determines that the incapacitated individual is able to make decisions, the petition will be dismissed. A hearing will then be scheduled to determine if the incapacitated individual is either partially or fully incapacitated and incapable of making decisions on their own.
If it is determined that a guardian is required for the incapacitated individual, a court will determine whether the proposed guardian meets the requirements. Some of the elements that must be satisfied for a person to assume the role of a guardian include whether the individual is mentally and physically capable of performing the duties of a guardian, whether the individual has a criminal record, and whether the individual is over the age of 18.
Accountability for Florida Guardians
A guardian could be held accountable for their actions. Before a guardian is allowed to assume the role, an individual is often required to successfully complete an eight-hour, court-approved training program. If a guardian is not performing the duties of their position, a court of law will often remove the guardian’s powers and appoint a new individual to act in the role. If a guardian stays in the role, the position will end if one of several events occur, including the death of the incapacitated individual, the incapacitated individual’s capacity no longer affecting them, or a child reaching the age of 18.
Speak with an Experienced Guardianship Attorney in Boca Raton
If your loved one is incapacitated and you are interested in pursuing a guardianship in Boca, you should not hesitate to speak with an experienced attorney. Our legal team is aware of the complex issues associated with incapacity and we remain committed to helping people navigate the law during this difficult time. Contact our law office today to schedule an initial free case evaluation.