Sometimes, it becomes necessary for families to obtain guardianship for their loved ones.
When a family member becomes incapacitated and unable to make health care or financial decisions, appointing a guardian is an excellent option.
There are a number of considerations that must be made when appointing guardianship for an adult family member.
It is essential that you speak with an experienced Florida elder law attorney to help guide you through the process. An attorney can also assist you in naming a guardian for yourself in your will, relieving your family members of that responsibility if you should need guardianship in the future.
A guardianship petition is filed when a person is unable to manage many everyday tasks and is declared to be “incapacitated” by the court.
When the court declares that someone is incapacitated, certain decisions can legally be required to be made by someone else, including:
The terms specified in the guardianship petition are normally permanent, unless a physician declares a person has regained the ability to make their own decisions and a court order is filed.
Initially, when appointing a guardian, the court first takes into consideration what decisions the incapacitated person has made when they were able to legally make sound decisions. A properly drafted and executed Power of Attorney and Health Care Surrogate is a viable alternative to the necessity of a Guardianship.
If you are in need of naming a guardian for an elderly or incapacitated loved one, or for yourself, contact Lehn Law, P.A. for a consultation. We are available now to assist you.