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Guardianship

August 18, 2014
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Seeking Guardianship Rights

When facing deteriorating health and mental challenges, situations might occur in which you need to assume certain rights and decision making choices. With out these rights it will be difficult to manage your loved ones affairs and also to fund said care. The situation will warrant a discussion with a guardianship attorney who is well versed in the county and state regulations. In the Central Florida area Merideth Nagel, P.A. can offer advice and legal counsel which will give you choices as you seek to make decisions for your loved ones.

Why Establish a Guardianship?

You would want to establish a guardianship to allow your loved one to receive proper care, and have supervision from an appropriate party who can make decisions for the them. The Guardian could be contacted should your family member ever leave a facility where they are placed. The authorities will be alerted to return the ward to the proper facility once they are found. Additionally, if the person has assets in their name like a car or bank account, or if there is a home involved, and if there is no valid power of attorney activated, then a Guardianship will be necessary to be granted access to those assets.

Who May Serve as Guardian?

Is the Guardian Liable for the Wards Debts?

No. The Guardian does not have to pay the ward’s debts from their own pocket. This is not the same as a mother/father relationship where the burden is on the parents. The guardians liabilities are limited.

How Long Does The Process Take?

For a temporary immediate guardianship, the process takes 3 to 5 days. For the normal application it should take no more than 30 days.

Avoiding Guardianship

It is possible to avoid guardianship through proper estate planning. A solid estate plan will include a medical power of attorney that gives an individual decision rights to manage health care in a medical emergency, and a durable power of attorney allowing a trusted individual access to manage personal affairs. These documents can specify how you wish to live and your approved quality of life in the event of how you die. It also can list how you wish to be treated if you become disabled – which can be in direct opposition to how a court appointed guardian will make decisions regarding your wishes. A lot of times when these documents have been executed it will not be necessary for your loved ones to seek the services of a guardian should something happen to you.

If you want guardianship attorney, or if you are ready to execute a proper estate plan, than contact our offices at 352-394-7408 or use the email form on this site. The knowledge you gain is free, but the peace of mind is invaluable.

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