Trusted, Experienced, and Guardianship Attorney in Stuart, Florida
There are some situations that arise where legal guardianship is required. Some examples include if a parent passes away, an individual becomes incapacitated or disabled, or if a minor wins a settlement or earns an inheritance.
Regardless of the case or situation, navigating the legal system to determine guardianship can be quite a challenge. However, by working with an experienced guardianship attorney, you can ensure that you are able to exercise your legal rights and establish the right level of guardianship for your situation.
The legal team at The Law Offices of Travis R. Walker, PA specialize in various practice areas, including guardianship in Stuart, Florida. If you have questions related to guardianships in Florida, then contact our team today for legal advice and help.
Who is Considered a Guardian in Florida?
A legal guardian is defined as a court-appointed individual or institution, such as a bank, trust department, or nonprofit organization that is assigned to care for an incapable or incapacitated individual (referred to as a “ward”).
Once the guardian is legally appointed, he or she will oversee the individual’s assets and make legal or financial decisions on the individual’s behalf.
The Different Types of Guardianships in Florida
The State of Florida recognizes three types of guardianships: adult guardianships, minor guardianships, and limited guardianships.
Minor guardianships are largely in place when the biological parents are either deceased or incapacitated or are unable to properly parent a minor child. In many cases, parents are deemed as “unfit” due to drug or substance abuse issues, or they are incapacitated or disabled. In these cases, the Court selects a legal guardian to care for the child.
Adult guardianships are appointed by the Court as a sole decision-maker for an adult who is unable to make decisions. For example, if an adult is severely disabled or incapacitated in some form, then the Court will appoint a legal guardian to be the sole decision-maker for the adult.
Limited guardianships are appropriate if the Court finds that the adult in question lacks the ability to perform some but not all, of the tasks necessary to care for his or her person, property, or finances. In these cases, the Court will appoint a “plenary guardian”, who will exercise all legal rights and powers of the adult.
Who is Eligible to Be a Guardian in Florida?
Many parents assume that they are the sole, legal guardians of their minor children. This might be true in many cases, however, there are certain circumstances where the Court will appoint a legal third-party guardian, such as a bank or trust department.
The Court’s decision is based on a few factors, including guardian eligibility. The eligibility requirements for a legal guardian include the following:
- A resident of the State of Florida, AND
- Has no felony convictions
- A qualified relative of the ward
A relative of the ward does not have to be a Florida resident.
How The Law Offices of Travis R. Walker Can Help
Of course, every individual case and situation is different. An experienced and knowledgeable guardianship attorney in Stuart, Florida can help individuals and couples understand the legal process and requirements.
If you have questions about guardianship or are ready to get started, then contact the legal team at Travis R. Walker Law today.