Delray Beach Guardianship Lawyer

Delray Beach Guardianship Lawyers


If you are searching for a guardianship lawyer in Delray Beach, our Florida guardianship lawyers can help. We have experience opening a guardianship in Delray Beach if your loved one is incapacitated or just needs someone to help manage their affairs more easily. Contact us today at 800-337-7755 for a free consultation.

A guardian is assigned the responsibility of looking out for the well-being of a person. The powers afforded to guardians include the ability to make medical, educational, and daily living decisions for children and incapacitated individuals. In addition to being appointed as a guardian, a person can also be appointed as a plenary guardian, which means that an individual has been appointed all legal rights for an individual. Because guardianship requires a complex series of laws, many people find it particularly helpful to obtain the assistance of an experienced attorney.


The Purpose of Florida Guardianship


When an individual does not have the appropriate legal documents to appoint an individual to make a decision for them, a court of law can appoint a guardian for that individual. Courts also appoint individuals as guardians over minor children when parents are unable to make decisions on behalf of the child. A third use of guardianship is for adults with developmental disabilities who cannot make decisions for themselves.


The Process for Appointment of a Guardian


To be appointed as a guardian in Delray Beach, an individual must file a petition with the appropriate court. This appointment process is often very complex, which is why many people decide to obtain the assistance of an experienced Florida guardianship attorney.


After a petition is filed with the court, the court will begin the process of evaluating the incapacitated individual. The evaluation process includes deciding whether the guardian has the ability to make decisions regarding the care and maintenance of the incapacitated individual. In many cases, a court will appoint a committee, which will in turn appoint two physicians and one lay person to examine the individual. It is often presumed that a child requires the assistance of an adult to make decisions for them until the child reaches the age of 18.


A hearing will also often be scheduled to determine if the individual in question is either partially or totally incapacitated. If the court finds that the individual requires a guardian, it will evaluate whether the appointed guardian meets the established criteria, which include being over the age of 18, never having been convicted of a felony, and being mentally and physically capable of performing a guardian’s duties.


Guardianship Accountability in Florida


A guardian will be held accountable for their own actions. In many cases, the guardian will be required to complete a court-approved training program and provide annual reports to the court.  If a guardian fails to adequately perform their duties, the court may remove the guardian and appoint a new individual to act in this position.


In situations involving guardianship over a child, guardianship will generally terminate at the point that the child reaches the age of 18. One way to continue helping your child with special needs is to file for a Florida guardian advocacy. Another situation when guardianship can be terminated is when a person’s condition that causes an impairment no longer prevents the individual from taking care of themselves.


Speak with an Experienced Guardianship Attorney


If a loved one needs someone to make decisions for them, it is often a wise idea to begin by considering guardianship. Our legal team understands the many nuances in Florida law concerning guardianship. Contact us today to schedule an initial consultation so that a compassionate attorney can help you begin to navigate guardianship issues.