Guardianship Law in Apopka, Florida
A guardianship is a court-supervised legal relationship established for the benefit and protection of another, called the "ward." Guardianships are generally for children whose parents can no longer take care of them, for persons over eighteen years old, or who are declared mentally or physically incapacitated.
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In general, there are several types of guardianships available, including:
- Limited guardianship: Depending on the subject matter, some wards can make responsible and informed decisions. For decisions where the individual may be unable to exercise sound judgment, a court will sometimes appoint a limited guardian to assist in the decision-making process.
- Co-guardianship: Co-guardianship is when two guardians are appointed to protect the best interests of the ward. This often serves as added protection over the ward's interests by ensuring that neither guardian is able to abuse their powers.
- Guardian of property: A guardian of property in Apopka, Florida is primarily concerned with providing or managing sufficient monetary resources to care for the ward.
- Guardian ad Litem: A guardian ad Litem is appointed by the Court to protect and manage the ward's interests in any legal proceedings that directly affect them.
A guardianship ordinarily lasts until one of these events occurs:
- The child reaches legal age (usually 18 years old)
- The ward dies
- The ward's assets are used up (if the guardianship was set up solely for the purpose of handling the ward's finances), or
- A judge determines that a guardianship is no longer necessary
Related Topics:
A conservator (called a "guardian of property", "custodian" or "curator" in some states) is someone who has the court-ordered authority and responsibility to manage another adult's finances. Most often, a conservator is established for people who are in comas, suffer from advanced Alzheimer's disease, or have other serious illnesses or injuries. Conservators are subject to court supervision, which provides a powerful safeguard for an incapacitated adult's property.
The process for obtaining a guardianship or creating a conservator usually includes:
- Someone interested in the well-being of the incapacitated person, who then initiates the guardianship or conservator process.
- An attorney petitioning for a hearing in the probate court of the ward's county of residence.
- Notification of interested parties (in some states) of the proceedings.
- The ward obtaining legal representation at the hearing (in most normal circumstances). The court can appoint an attorney if the ward cannot afford one.
In most instances, guardians and conservators are selected amongst the ward's family, relatives or friends. To determine who can be a guardian or conservator the court will look at factors such as:
- Who plays a significant role in the life of the ward.
- Who is sensitive to the needs and preferences of the ward.
- Whether the ward's family supports the court's choice.
An attorney is usually necessary in order to petition a court for the establishment of a guardianship or creating a conservator. Moreover, speaking with the proper lawyer will enable you to understand the complicated legal procure and help to protect the best interests of all those affected.
