Guardianship Attorneys Serving Longwood, Florida
Effectively Protecting Your Rights & Best Interests: (321) 972-2445
Guardianship is a complex area of law with details that are often missed by those without experience. All guardians appointed by the court, whether they are family members or otherwise, have legal and financial obligations. Whether assisting a minor receiving a settlement or an adult lacking decision making capacity, we have the knowledge to guide clients.
Our Longwood guardianship attorneys continue to work with clients after the establishment of any type of guardianship. We ensure all required annual filings are properly completed in a timely manner and ensure compliance with all laws.
Let us help you with petitioning the court for guardianship or any related issues. Call (321) 497-2445 now to schedule a consultation. We serve clients throughout Seminole County and Central Florida.
When necessary, our attorneys have the experience to create special needs trusts and other estate planning legal instruments. We provide legal advice to protect our clients’ ability to receive government benefits or enable them to qualify for benefits.
Guardianship of Minors
Under certain circumstances, it may be necessary to open a guardianship for a minor child. For example, when a minor child receives funds in excess of $15,000, Florida law requires a guardianship to be opened. After opening a guardianship, the court requires the funds to be placed in a designated account. Here, these guardianship funds will be held until the child turns 18.
Parents are often under the assumption that they may access funds from a guardianship to be used as they choose. However, under Florida law, funds in a designated guardianship may only be withdrawn after filing a request to release the funds. Additionally, the funds requested meet certain, very narrow criteria.
The process of opening a guardianship of a minor can be confusing and complex. The attorneys at Bevis Law work to efficiently open the guardianship and ensure the guardian is compliant with Florida Statutes.
Guardianship of Adults
Guardianship for an adult is necessary when the person loses their capacity to make financial or health care decisions for themselves. The decision to initiate a guardianship proceeding can be an extremely emotional one for families. However, sometimes a guardianship is the only way to ensure a loved one gets the care and asset protection they need.
Opening a guardianship involves two separate actions:
- Determining whether the alleged incapacitated person has the capacity to make medical or financial decisions. In this action, the individual receives a court-appointed attorney and three specific individuals are appointed to examine the person
- Determining who will be the person’s guardian if they are incapacitated
After a guardian is appointed, they have duties to the person in their charge. The guardian of a person must complete training, file an initial inventory and guardianship plan, and file yearly plans and accounting. At the Law Offices of Brett D. Bevis, our Longwood guardianship lawyers assist clients throughout the guardianship process. We can work with you from opening to filing the yearly required documents.
The guardianship remains in place with annual reports outlining expenditures and specific information on the ward’s well-being. Guardianship continues until capacity is restored or the ward dies.
Guardian Advocacy for Developmentally Disabled Adults
Florida Statutes provide a less intrusive form of guardianship for individuals who have a developmental disability. Opening guardian advocacy is less cumbersome than opening a full guardianship. Once appointed, the guardian advocate is subject to the same yearly filing requirements as a full guardian.
Guardian advocacy is a tremendous resource for those parents who have adult children with developmental disabilities. While a child with developmental disabilities is under 18, parents have the ability to make decisions for them. However, once the individual turns 18, parents may lose the ability to make decisions for their child.
Guardian advocacy gives parents the ability to take care of or assist developmentally or mentally disabled adults as long as necessary. A standby guardian may be established to ensure a seamless transition upon death or disability of the guardian. This way, the ward is not distressed by a loss of a decision maker in their life. Additionally, there is no delay in payment of bills on behalf of the ward.
At Bevis Law we work with families to open guardian advocacies for individuals with developmental disabilities. We advise families on how to obtain government benefits and services to assist them in caring for their loved ones.
Call our experienced guardianship attorneys in Longwood today at (321) 972-2445 to schedule a consultation.
