COVID-19 Notice: We are available for a FREE consultation by phone and video conference - Learn More

Voluntary Guardianships

Florida Voluntary Guardianships

Many people think of guardianships as protecting the interests of minor children. However, a guardianship can be established to oversee an adult's financial obligations. If the person is mentally competent but unable to manage the finances due to illness or advanced age, the person may petition the court for a voluntary guardianship. A Florida guardianship attorney can establish the voluntary guardianship. People who are considering a guardianship should consult a Broward guardianship lawyer to learn about the process and the responsibilities of the guardian. Call us at 800-337-7755 for a free consultation.

Setting up a Guardianship in Florida

The person who is in need of a guardianship is referred to as a ward after the guardianship is granted. In order for the court to accept a voluntary guardianship, the guardian must generally be approved. Not everyone is eligible to be a guardian. The guardian must not have been guilty of a felony. In some cases, an organization, professional guardian, or company is assigned as a guardian to control the ward's financial assets.

A guardian must be a resident of Florida or a relative of the ward who the judge accepts as guardian. The prospective guardian must file an Application for Appointment of Guardian form. The application is reviewed by the court. The judge decides if the guardian is able to carry out the responsibilities of the guardianship without a conflict of interest.

Guardians have responsibilities related to managing and recording the assets and financial transactions on behalf of the ward. After guardians are appointed, they may have 60 days to file an initial inventory of the ward's assets. Annual reports about the ward's health and assets are required. The Clerk of the Circuit Court is responsible for auditing the reports. Time limits may change from time to time, so make sure to speak with a Florida guardianship attorney at our office as soon as possible.

Guardianship in Florida does not have to be permanent

A guardianship does not have to be permanent. If the person established guardianship due to an injury or illness and has recovered, the person can petition the court to end the guardianship. The Florida guardianship attorney can be helpful for dissolving the guardianship if the ward wants their rights restored.

If a person is ill or recovering from an injury and struggling with managing their finances or other assets, a Broward guardianship attorney can provide insight into the benefits of voluntary guardianship. The person might want to devise a plan for temporary guardianship during recovery. The proposed guardian may find it helpful to meet with the Florida guardianship lawyer to discuss the process as well as the fees required by the courts when the reports are filed to be audited.

The Florida guardianship attorney can meet with the person and the intended guardian to discuss the details regarding the rights and responsibilities under the proposed voluntary guardianship. The Broward guardianship lawyer can be a valuable part of the team to protect the interests of the ward. A voluntary guardianship allows the person to be focused on the recovery of their health without the stress of managing their finances.

We can help set up a Guardianship throughout South Florida

Call us at 800-337-7755 for a free consultation. We can help set up a Guardianship in Miami, Broward, Palm Beach, Monroe, Tamarac, Boca Raton, Pembroke Pines, and throughout South Florida.