Learn How Attorney Beryl Thompson-McClary Provides Trusted Guidance on Guardianship Cases in Orange County, Florida
Legal Guardianship in Orlando: A Path to Protecting Adults With Disabilities
Orlando, known for its vibrant communities and world-renowned attractions, is also a place where families come together to care for one another. For many, this means ensuring that adults with disabilities are supported legally and financially to live safe, fulfilling lives. Legal guardianship is often the most effective way to achieve this, especially for individuals who cannot manage their own affairs due to mental, physical, or developmental disabilities.
As a family law attorney with years of experience handling legal guardianship cases in Orange County, I, Beryl Thompson-McClary, work closely with families to create customized legal solutions that address these challenges. From filing the necessary paperwork to representing you in court, I handle each case with the care and attention it deserves. If you’re considering guardianship for an adult loved one, I’m here to help. Call me at 1-888-640-2999 for an initial consultation, where we can discuss your situation in detail and determine the best course of action.
Why Choose Attorney Beryl Thompson-McClary
When it comes to legal guardianship, having the right attorney can make all the difference. I understand how deeply personal these cases are and how overwhelming the legal process can feel for families. My approach focuses on compassion, clear communication, and achieving the best possible outcomes. Families across Orange County trust me because:
- I provide personalized attention to every case, ensuring your unique needs are addressed.
- I have extensive experience navigating the legal system in Florida.
- I prioritize building lasting relationships with my clients based on trust and transparency.
If you’re ready to discuss your guardianship needs, contact my office at 1-888-640-2999. I proudly serve families throughout Orlando and Orange County, Florida.
What Is Legal Guardianship for Adults With Disabilities?
In Florida, legal guardianship is a court-supervised process where an individual is appointed to manage the personal, legal, and financial affairs of someone who cannot do so independently. For adults with disabilities, guardianship may be necessary to ensure they receive proper care and protection. This process is especially common when an adult turns 18 and is no longer under the legal care of their parents.
Under Florida law, guardianship is defined and regulated by Chapter 744 of the Florida Statutes, which outlines the duties, responsibilities, and legal obligations of guardians. There are several types of guardianship, including plenary guardianship (full authority over the ward’s personal and financial matters) and limited guardianship (authority over specific areas of the ward’s life).
Florida Statutes and Legal Definitions
Chapter 744 of the Florida Statutes governs guardianship in Florida. Key provisions include:
- Incapacity Determination (Section 744.331): Before a guardian can be appointed, the court must determine that the individual is legally incapacitated. This involves a formal evaluation by a panel of experts, including a physician and a licensed psychologist or social worker.
- Guardian Responsibilities (Section 744.361): Guardians are required to act in the best interest of the ward, managing their assets, providing for their care, and reporting regularly to the court.
- Annual Reporting (Section 744.367): Guardians must submit annual reports detailing the ward’s financial status, health, and overall well-being.
- Rights of the Ward (Section 744.3215): Even under guardianship, wards retain certain rights, such as the right to privacy and the right to be treated with dignity.
Understanding these legal requirements is critical when pursuing guardianship, and my role as your attorney is to guide you through each step while ensuring compliance with Florida law.
The Guardianship Process in Florida
Establishing guardianship involves several steps, including:
- Petitioning the Court: The process begins by filing a petition to determine incapacity and a petition to appoint a guardian.
- Evaluation: The court appoints an examining committee to evaluate the individual and provide a report on their capacity.
- Hearing: A hearing is held where the judge reviews evidence, considers expert testimony, and decides whether guardianship is appropriate.
- Appointment of Guardian: If granted, the court will issue an order appointing the guardian and specifying their responsibilities.
This process can feel daunting, but I’m here to ensure everything is handled efficiently and effectively.
Ramifications of Legal Guardianship
Legal guardianship provides vital protections, but it also comes with significant responsibilities. Guardians are held to a high standard of care and are subject to ongoing court supervision. Failing to meet these responsibilities can result in legal consequences, including removal as guardian.
It’s also important to understand that guardianship may impact the ward’s legal rights. While it is often the best solution for individuals who cannot care for themselves, alternatives like power of attorney or supported decision-making should also be considered. I can help you explore these options to ensure you’re making the best choice for your loved one.
Call for a an Initial Consultation
If you’re ready to take the first step toward protecting your loved one, contact my office at 1-888-640-2999 for an initial consultation. Together, we’ll create a plan that ensures your family member’s needs are met while complying with Florida law.
FAQs About Legal Guardianship in Florida
What is the difference between plenary and limited guardianship?
Plenary guardianship grants the guardian full authority over the ward’s personal, legal, and financial matters. Limited guardianship, on the other hand, gives the guardian authority over specific aspects of the ward’s life, such as managing finances or consenting to medical treatment. Limited guardianship is often preferred when the ward retains some ability to make decisions independently.
How does the court determine incapacity?
Incapacity is determined through a formal evaluation by a court-appointed examining committee. This committee typically includes medical professionals who assess the individual’s physical and mental capacity. Their findings are presented to the court, which makes the final determination based on the evidence.
What alternatives to guardianship are available?
Alternatives to guardianship include durable power of attorney, health care surrogacy, and supported decision-making agreements. These options allow individuals to retain more autonomy while receiving the support they need. I can help you evaluate whether these alternatives are suitable for your situation.
What are the responsibilities of a guardian in Florida?
Guardians are responsible for managing the ward’s personal and financial matters. This includes arranging medical care, managing assets, and ensuring the ward’s overall well-being. Guardians must also submit annual reports to the court detailing the ward’s status.
Can a guardianship order be modified or terminated?
Yes, guardianship orders can be modified or terminated if the ward’s circumstances change. For example, if the ward regains capacity, the court may terminate the guardianship. Similarly, if the guardian fails to meet their responsibilities, they can be removed and replaced.
What rights does the ward retain under guardianship?
Wards retain certain rights under Florida law, including the right to be treated with dignity, the right to privacy, and the right to communicate with family and friends unless restricted by the court. Guardians must respect these rights while fulfilling their duties.
How long does the guardianship process take?
The timeline for establishing guardianship varies depending on the complexity of the case. On average, it can take several months to complete the process, from filing the initial petition to the court issuing a final order.
What happens if a guardian fails to fulfill their duties?
Guardians who fail to meet their legal obligations can face serious consequences, including removal by the court and potential legal liability. It’s crucial to understand and comply with all requirements under Florida law.
How much does it cost to establish guardianship in Florida?
The cost of establishing guardianship varies based on factors like court fees, attorney fees, and the complexity of the case. During our consultation, I can provide a clear breakdown of the expected costs.
Why should I hire an attorney for a guardianship case?
An experienced attorney ensures the guardianship process is handled correctly and efficiently, minimizing stress and avoiding potential legal issues. I’ll guide you through every step, from filing the initial paperwork to representing you in court.
Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 for Your An Initial Consultation
If you’re ready to move forward with a guardianship case, I’m here to help. Contact my office today, and let’s create a solution that works for your family.
Beryl Thompson-McClary
390 N Orange Ave #2300
Orlando, FL 32801
Phone: 1-888-640-2999
