Supporting Families in Orlando and Beyond
Living in Orlando means enjoying a vibrant community with diverse resources. However, families caring for adults with special needs often face unique challenges, particularly when it comes to ensuring the well-being and legal protection of their loved ones. For those navigating the complexities of guardianship, I’m here to provide personalized legal assistance. My name is Beryl Thompson-McClary, and I’ve been helping families in Orange County and across Florida for years. With my guidance, you can confidently address guardianship matters while prioritizing the best interests of your loved one.
If you’re considering legal guardianship for an adult with special needs, I can help you understand your options, handle the legal processes, and provide peace of mind. Call me for an initial consultation at 1-888-640-2999 to discuss your situation. Together, we’ll determine the best course of action for your family.
What Is Legal Guardianship?
Legal guardianship is a court-supervised process where a responsible individual or entity is appointed to manage the personal, medical, or financial affairs of someone who cannot make those decisions independently. Under Florida law, guardianship is often necessary for adults with developmental disabilities, mental health conditions, or cognitive impairments that prevent them from making informed decisions.
Florida Statutes define guardianship under Chapter 744, which governs the appointment and responsibilities of guardians. These laws ensure that adults with special needs receive the protection they require while safeguarding their legal rights. As your attorney, I’ll ensure your guardianship case complies with these statutes and prioritizes the well-being of your loved one.
Types of Guardianship in Florida
Florida offers several types of guardianship, depending on the individual’s needs and circumstances. Understanding these options is essential to choosing the right one:
- Plenary Guardianship: This type grants the guardian full control over the individual’s personal, financial, and legal decisions. It’s typically reserved for cases where the individual cannot make any decisions independently.
- Limited Guardianship: This arrangement allows the individual to retain certain rights and responsibilities, while the guardian oversees specific areas of their life.
- Guardian Advocacy: Designed for adults with developmental disabilities, this option does not require a formal finding of incapacity. It provides a streamlined process to appoint a guardian advocate without completely removing the individual’s rights.
During our consultation, I’ll explain these options in detail and help you determine which one aligns best with your loved one’s needs.
Florida Statutory Requirements for Guardianship
Florida law requires a court to determine that guardianship is necessary before appointing a guardian. Chapter 744 of the Florida Statutes outlines the steps involved:
- Petition for Incapacity: A family member or interested party files this petition, requesting the court to evaluate the individual’s capacity.
- Examination Committee: The court appoints a panel of experts, including a physician, to assess the individual’s mental and physical condition.
- Court Hearing: The court reviews the findings and determines whether guardianship is necessary. If so, it appoints a suitable guardian.
The guardian’s responsibilities are clearly defined, including providing annual reports and managing the individual’s affairs with integrity. As your attorney, I’ll ensure these steps are followed thoroughly and efficiently.
Why Guardianship Matters
Guardianship provides essential protections for adults who cannot care for themselves. Without it, families may struggle to make critical decisions regarding medical care, living arrangements, and finances. Florida courts prioritize the best interests of the individual, ensuring that guardianship is only granted when absolutely necessary. For families, this process provides peace of mind, knowing their loved one’s needs are legally safeguarded.
The Role of an Attorney in Guardianship Cases
Handling a guardianship case without legal guidance can be overwhelming. As your attorney, I’ll take the lead in managing every aspect of the process, including:
- Preparing and filing all necessary petitions
- Representing you during court hearings
- Ensuring compliance with Florida’s statutory requirements
- Advising on alternatives to guardianship, such as power of attorney or healthcare surrogates, when appropriate
Choosing me means choosing a dedicated advocate who understands the emotional and legal complexities involved in these cases. My goal is to make this process as straightforward and stress-free as possible for your family.
How I Help Families Across Orange County
From my office in Orlando, I’ve assisted countless families in achieving favorable outcomes in guardianship cases. My approach is client-focused, ensuring that your loved one’s needs remain at the forefront of every decision. Whether you’re initiating a guardianship case or addressing a dispute, I’ll be by your side to guide you through the process.
To get started, call me for an initial consultation at 1-888-640-2999. Together, we’ll develop a strategy tailored to your unique situation.
FAQs About Legal Guardianship in Florida
What is the difference between plenary guardianship and limited guardianship?
Plenary guardianship gives the guardian full authority over all aspects of the individual’s life, including medical, financial, and legal decisions. Limited guardianship, on the other hand, allows the individual to retain some decision-making rights while the guardian oversees specific areas. The choice depends on the individual’s capacity and needs. I’ll help you determine which option is best for your family.
What is Guardian Advocacy, and who is eligible for it?
Guardian Advocacy is a simplified form of guardianship for adults with developmental disabilities, such as autism or Down syndrome. Unlike traditional guardianship, it does not require a finding of incapacity. This option allows families to protect their loved one’s interests while respecting their independence. I’ll guide you through the process to ensure compliance with Florida law.
Do I need an attorney to file for guardianship in Florida?
While it’s not legally required, having an attorney is highly recommended. Guardianship cases involve complex legal procedures, including petitions, hearings, and compliance with statutory requirements. I’ll handle the legal complexities so you can focus on your loved one’s well-being.
How long does the guardianship process take in Florida?
The timeline varies depending on the complexity of the case. On average, it can take a few months to complete the process. Factors such as court schedules, the need for expert evaluations, and the type of guardianship sought can influence the duration. During our consultation, I’ll provide a realistic timeline based on your circumstances.
Can guardianship be contested?
Yes, guardianship can be contested by family members or other interested parties. Common reasons include disputes over the individual’s capacity or disagreements about who should serve as guardian. If your case involves a dispute, I’ll provide strong representation to protect your interests and those of your loved one.
What responsibilities does a guardian have under Florida law?
Guardians are required to act in the best interests of the individual, managing their affairs responsibly and ethically. This includes filing annual reports, making decisions aligned with the individual’s needs, and complying with court orders. I’ll help you understand these responsibilities and ensure you’re fully prepared for the role.
Are there alternatives to guardianship?
Yes, alternatives such as power of attorney, healthcare surrogates, or trust arrangements may be appropriate in some cases. These options are less restrictive and can provide the necessary support without involving the court. I’ll assess your situation and recommend the best course of action.
How much does it cost to establish guardianship in Florida?
Costs can vary depending on the complexity of the case, court fees, and the need for expert evaluations. During our consultation, I’ll provide a clear estimate of the expenses involved and discuss payment options to make the process manageable for your family.
Call Attorney Beryl Thompson-McClary Today
Protecting the well-being of your loved one is a priority, and I’m here to help you through every step of the guardianship process. Contact me, Beryl Thompson-McClary, at 1-888-640-2999 for an initial consultation. Let’s work together to ensure the best outcome for your family.
Beryl Thompson-McClary
390 N Orange Ave #2300
Orlando, FL 32801
Phone: 1-888-640-2999
