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How To Find The Best Guardianship Attorney in Orlando, Florida

How To Find The Best Guardianship Attorney in Orlando

A Parent’s Guide to Choosing Legal Help You Can Trust

If you’re responsible for the care of a child, spouse, parent, or loved one who cannot make decisions independently, choosing the right guardianship attorney is one of the most important decisions you’ll ever make. The attorney you hire will guide you through Florida’s legal process, help protect your loved one’s rights, and ensure that your guardianship is legally valid, enforceable, and beneficial to the person you’re trying to protect.

I’m Beryl Thompson-McClary, a trusted Orlando Guardianship Attorney, and I’ve helped families across Orange County, Florida for years. Here’s what I tell every parent and caregiver looking for legal guidance: the best guardianship attorney isn’t just experienced—they understand your family’s needs, offer clear communication, and walk beside you every step of the way. If you’re ready to speak with someone directly, call 1-888-640-2999 to schedule a consultation.

What Does a Guardianship Attorney Do?

A guardianship attorney helps families obtain legal authority to care for someone who cannot legally or mentally care for themselves. In Florida, this may include:

  • Filing for guardianship or guardian advocacy
  • Helping you choose between limited and full guardianship
  • Preparing and filing court petitions
  • Coordinating medical evaluations
  • Representing you in court hearings
  • Ensuring guardians comply with annual reporting duties
  • Assisting with special needs trusts and public benefits

Your attorney’s job is to make sure your loved one’s best interests are protected while helping you follow the law every step of the way.

Five Qualities to Look for in the Best Guardianship Attorney in Orlando

1. Focuses on Guardianship and Special Needs Law

You want an attorney who regularly handles guardianship and related matters—not someone who dabbles in them. Ask how often they appear in probate court and whether they’ve worked with families like yours.

2. Knows the Local Court System

The process for guardianship can vary from county to county. An Orlando-based attorney will be familiar with the judges, clerks, and filing procedures in Orange County. That local knowledge can make the process smoother and faster.

3. Clear and Compassionate Communication

Guardianship is personal. Your attorney should explain things in a way that makes sense, answer your questions with patience, and always put your concerns first.

4. Transparent About Fees

You should know exactly what to expect in terms of legal costs. The best attorneys provide written fee agreements and don’t leave you guessing about billing.

5. Offers Long-Term Planning Guidance

The guardianship process doesn’t end in court. Your attorney should also help with planning for your loved one’s future—whether that’s preparing annual reports, setting up a special needs trust, or designating successor guardians.

Questions to Ask Before Hiring an Orlando Guardianship Attorney

  • How many guardianship cases have you handled in Florida?
  • Are you familiar with both guardian advocacy and traditional guardianship?
  • Will you personally handle my case or assign it to another lawyer?
  • How will you communicate updates to me?
  • Do you work with families of children with disabilities?
  • What do your fees include?
  • Can you help with estate planning or long-term care needs too?

Why So Many Families Choose Beryl Thompson-McClary

When you’re looking for the best guardianship attorney in Orlando, you want someone who takes the time to understand your family’s unique needs. I handle every case with the care and attention it deserves. I’m not just here to get you through a hearing—I’m here to make sure your loved one is legally protected for years to come.

I assist parents seeking guardianship of children turning 18, adult children seeking guardianship of elderly parents, and guardianship in high-asset divorce and disability-related matters. From your first call to your final court order—and beyond—you’ll have an experienced attorney you can count on.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Choosing the right guardianship attorney can make all the difference. If you’re ready to work with a firm that truly puts families first, call 1-888-640-2999 to schedule a consultation. I serve clients throughout Orlando and Orange County, Florida, and I’m here to help you make the best decisions for your loved one’s future.

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When Should Parents Seek Guardianship for a Special Needs Child Turning 18?

A Critical Milestone for Florida Families with Special Needs Children

In Florida, the law considers everyone to be an adult at age 18, with full legal rights to make medical, financial, and personal decisions. For parents of children with special needs, this legal milestone can create challenges if the child is unable to make informed decisions on their own. If your child has a developmental or cognitive disability and is approaching adulthood, guardianship may be necessary to ensure continued protection and support.

I’m Beryl Thompson-McClary, an Orlando Guardianship Attorney, and I help parents across Orange County, Floridaprepare for this important transition. If your child is turning 18 soon and you need legal guidance, call 1-888-640-2999 to schedule a consultation.

What Changes at Age 18?

When a child turns 18 in Florida, they become legally responsible for themselves. This means:

  • Parents can no longer access medical records or make healthcare decisions
  • Parents cannot legally manage finances or apply for benefits on their child’s behalf
  • Schools, doctors, and service providers are no longer permitted to speak with parents without written consent

If your child has a disability that prevents them from making safe, informed decisions, it may be time to consider guardianship.

When Should Parents Begin the Process?

You can begin the guardianship process when your child is 17 years and 6 months old. This allows enough time to file paperwork, attend a court hearing, and obtain legal authority by the time your child turns 18.

Starting early is important because guardianship is not automatic. Even if you’ve been caring for your child their whole life, Florida law requires a court to formally approve a guardianship or guardian advocacy appointment.

Types of Guardianship for Special Needs Adults in Florida

Florida offers two main options:

Guardian Advocacy

Under Florida Statute 393.12, this option is designed for adults with developmental disabilities such as autism, Down syndrome, or intellectual disabilities. It does not require a full incapacity hearing and is generally faster and more affordable than traditional guardianship.

Plenary or Limited Guardianship

Under Florida Statutes Chapter 744, this option applies when the adult has broader decision-making impairments or a condition that does not fall under guardian advocacy. It requires a court determination of incapacity and a more involved legal process.

Questions to Consider Before Seeking Guardianship

  • Can your child understand and consent to medical treatment?
  • Can your child manage money or understand financial decisions?
  • Does your child rely on you to communicate with doctors, teachers, or employers?
  • Would your child be at risk of exploitation or neglect without oversight?

If you answer yes to most of these questions, it may be time to pursue guardianship.

FAQs: Guardianship for a Special Needs Child Turning 18

When should I start the guardianship process? Start when your child is 17.5 years old. That gives the court enough time to hear your case before your child turns 18.

Does guardianship mean my child loses all their rights? Not always. Florida allows limited guardianships that preserve some rights. The court will decide which decisions your child can still make.

Is guardian advocacy easier than full guardianship? Yes. Guardian advocacy is simpler and less expensive. It’s a good option for children with developmental disabilities who qualify under Florida law.

Can both parents be appointed as guardians? Yes. The court can appoint co-guardians so parents can share responsibilities.

What happens if I don’t get guardianship? You may not be able to make medical or financial decisions for your child once they turn 18. Hospitals, banks, and government agencies may refuse to speak with you.

Can my child object to the guardianship? Yes. The court appoints an attorney to represent your child and will consider their views before making a decision.

Do I need a lawyer? It’s not required, but it helps. As an Orlando Guardianship Attorney, I can prepare the court filings, help you gather medical documents, and represent you at the hearing.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

If your child is approaching adulthood and has special needs, guardianship may be the key to continuing the care and oversight they need. I can help you prepare and guide you through the legal process. Call 1-888-640-2999 today to schedule your consultation and protect your child’s future.

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How Guardianship Affects Government Benefits for Special Needs Adults in Florida

How Guardianship Affects Government Benefits for Special Needs Adults in Florida

Understanding the Impact on SSI, Medicaid, and Long-Term Financial Security

In Orlando and throughout Florida, families of adults with special needs often rely on government programs to meet their loved one’s basic needs. These programs, including Supplemental Security Income (SSI), Medicaid, and housing assistance, have strict eligibility requirements. When a parent or caregiver seeks guardianship for their adult child, it can raise important questions about how that legal status could impact current or future government benefits.

I’m Beryl Thompson-McClary, an Orlando Guardianship Attorney, and I work with families to make sure their guardianship petitions support—not jeopardize—the long-term financial stability of their loved ones. I represent clients throughout Orange County, Florida, and I understand how guardianship decisions intersect with public benefits. If you’re concerned about how guardianship could affect your child’s eligibility for SSI or Medicaid, call 1-888-640-2999 to schedule a consultation.

Guardianship and Legal Capacity in Florida

Under Florida Statute Chapter 744, a guardianship can be full (plenary) or limited. A full guardianship removes a wide range of legal rights from the individual (called the ward) and places them in the hands of the guardian. A limited guardianship allows the ward to retain certain rights, depending on what the court finds they can manage.

Guardian advocacy, governed by Florida Statute 393.12, applies to adults with developmental disabilities and offers a less restrictive option. In both types of guardianship, the guardian is tasked with managing personal, financial, and healthcare decisions as assigned by the court. This responsibility directly intersects with benefit programs like SSI and Medicaid, which are income- and asset-sensitive.

The Role of Guardians in Managing Government Benefits

Once appointed, a guardian or guardian advocate may be responsible for overseeing a ward’s government benefits. This includes:

  • Applying for or maintaining eligibility for programs like SSI or Medicaid
  • Managing funds received through benefit programs
  • Ensuring continued compliance with reporting and income limits
  • Avoiding disqualifying transfers or purchases

If a guardian is not careful, well-meaning actions—such as placing funds in the ward’s name or failing to report income—can result in benefit suspension, reduction, or permanent disqualification.

How SSI Eligibility Can Be Affected by Guardianship

Supplemental Security Income (SSI) is a needs-based federal benefit program for individuals who are disabled and have limited income and resources. The Social Security Administration sets strict resource limits for SSI recipients—currently $2,000 in countable assets for an individual.

Guardianship doesn’t automatically disqualify someone from receiving SSI. However, the way funds are handled under guardianship can impact eligibility:

  • If a guardian places large amounts of money into the ward’s personal bank account, this can push them over the asset threshold.
  • If a ward receives direct income not reported by the guardian, benefits may be reduced or terminated.
  • If guardians pay for shelter, food, or other in-kind support using their own resources, this could be counted as income to the ward.

To maintain eligibility, guardians must understand how every financial move affects SSI. In many cases, establishing a Special Needs Trust is necessary to hold excess assets without affecting eligibility.

Medicaid Eligibility and Guardianship

Medicaid is a federal and state program that provides healthcare for low-income individuals, including adults with disabilities. In Florida, Medicaid eligibility is often tied to SSI eligibility, meaning the same financial restrictions apply.

If guardianship results in the individual receiving income, gifts, or assets in excess of program limits, they could lose coverage. Florida Medicaid programs also have specific rules around:

  • Income caps
  • Resource limits
  • Trust structures (including qualified income trusts and special needs trusts)

Guardians should avoid transferring property, accepting large gifts, or managing finances informally. All actions taken on behalf of the ward must comply with Medicaid’s strict income and resource guidelines.

The Importance of Special Needs Trusts

To preserve eligibility for benefits, a Special Needs Trust (SNT) is often essential. These trusts allow a guardian to place funds into a protected legal structure that doesn’t count against Medicaid or SSI limits. The trust is administered by a trustee and used for:

  • Medical and dental expenses not covered by Medicaid
  • Personal care attendants
  • Education and training
  • Recreation and other quality-of-life expenses

There are several types of special needs trusts under Florida law, including:

  • First-party SNTs (funded with the ward’s assets)
  • Third-party SNTs (funded by parents or others)
  • Pooled trusts (managed by nonprofit organizations)

As an Orlando Guardianship Attorney, I regularly advise families on how to integrate special needs trusts into their overall guardianship and estate plans.

Reporting and Oversight Responsibilities

Once appointed, guardians must submit regular reports to the court and other agencies. These include:

  • Initial and annual plans detailing medical care, housing, and benefits
  • Annual accountings of all income and expenditures
  • SSI and Medicaid renewal forms

Failure to file accurate reports can result in:

  • Termination of guardianship
  • Loss of benefits
  • Personal liability for mismanaged funds

Guardians must stay informed and organized to ensure ongoing eligibility and legal compliance.

How I Help Families With Guardianship and Public Benefits

Guardianship isn’t just about legal authority—it’s about long-term financial protection. I help parents, grandparents, and caregivers of adults with disabilities make decisions that safeguard benefits while also preparing for future care.

I can assist with:

  • Filing petitions for guardian advocacy or traditional guardianship
  • Drafting court-compliant reports and filings
  • Advising on SSI and Medicaid interactions
  • Creating and funding special needs trusts
  • Addressing concerns when guardianship affects divorce-related property and support disputes involving high net-worth families

If you’re facing guardianship questions involving public benefits, I’m here to help. Call 1-888-640-2999 to schedule a consultation.

FAQs About Guardianship and Government Benefits in Florida

Can a guardian manage my adult child’s SSI and Medicaid without causing issues? Yes, but only if they understand and follow all rules around reporting, asset limits, and permissible expenditures. Improper handling of funds can reduce or eliminate benefits.

What happens if a guardian puts money in the ward’s name? If those funds push the ward over the $2,000 asset limit, they could lose SSI and Medicaid eligibility. In many cases, it’s better to direct funds into a properly drafted special needs trust.

Is guardianship required for someone to qualify for SSI or Medicaid? No. Many individuals qualify for benefits without having a guardian. However, guardianship may be necessary if the individual cannot manage their benefits or make informed decisions.

Can I still receive child support or alimony in a high net-worth divorce if I’m the guardian of a disabled adult? Yes, but those funds must be structured correctly to avoid affecting your child’s benefits. In some cases, support payments can be directed into a trust to avoid disqualifying them.

Can I be a guardian advocate and still use a special needs trust? Absolutely. Many families combine guardian advocacy with special needs trusts to provide financial support while keeping public benefits intact.

What kind of training do I need to be a guardian advocate managing benefits? Florida law requires guardians to complete a training course approved by the court. This includes instructions on fiduciary responsibilities and benefit-related concerns.

What if my adult child inherits money or receives a legal settlement? If the funds are not handled correctly, they can cause the loss of SSI and Medicaid. A first-party special needs trust can protect those assets and preserve eligibility.

Do I need a lawyer to manage these issues? You are not required to hire a lawyer, but the stakes are high. An experienced Orlando Guardianship Attorney can help you avoid costly mistakes and build a sustainable plan for the future.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Government benefits are critical to the long-term care and support of adults with disabilities. If you’re considering guardianship for your loved one or already have it and want to ensure their benefits remain protected, I’m here to help. Call 1-888-640-2999 to schedule your consultation and secure your family’s peace of mind.

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The Role of Guardianship in Long-Term Care Planning for Special Needs Adults in Florida

The Role of Guardianship in Long-Term Care Planning for Special Needs Adults in Florida

Legal Protection and Practical Support for Lifelong Care Needs

Orlando is known for its family-centered communities and commitment to inclusivity. For many families here in Central Florida, long-term care planning for a loved one with special needs is not just a future concern—it’s a daily reality. Whether your adult child has autism, Down syndrome, or another developmental or cognitive condition, one of the most important decisions you may face is whether guardianship is necessary to support their long-term needs.

As an experienced Guardianship Attorney in Orlando, I help families make informed, thoughtful decisions about how to care for loved ones who cannot fully care for themselves. I assist parents, relatives, and caregivers throughout Orange County, Florida who are working to build secure, long-term plans for their adult children with disabilities. Whether you are considering guardianship or exploring alternatives, I can help you understand your rights, the legal process, and how Florida law applies to your unique situation. To discuss your case, call my office at 1-888-640-2999 to schedule a consultation.

Understanding the Connection Between Guardianship and Long-Term Care

Guardianship is a legal tool that allows a trusted individual to make personal, medical, or financial decisions for another person who has been determined to lack the capacity to make those decisions on their own. When an individual with special needs reaches adulthood, parents often lose the automatic legal authority to act on their child’s behalf. This can create gaps in care if the child cannot manage essential tasks independently.

Long-term care planning includes not only financial and housing arrangements but also decisions about medical treatment, daily support, and public benefits. Guardianship becomes one of the ways to ensure that a designated caregiver has the legal authority to act when necessary—whether it’s approving a surgery, managing benefits, or placing the person in a residential care facility.

Guardian Advocacy Under Florida Law

In Florida, guardian advocacy is a simplified form of guardianship specifically for individuals with developmental disabilities. It is established under Florida Statutes §393.12, which allows a court to appoint a guardian advocate without the need for a formal incapacity hearing. This is especially helpful for families with adult children who have conditions such as:

  • Autism
  • Cerebral palsy
  • Down syndrome
  • Spina bifida
  • Prader-Willi syndrome
  • Phelan-McDermid syndrome
  • Intellectual disabilities

These conditions must have originated before age 18 and be expected to continue indefinitely. Guardian advocacy is often part of the long-term care strategy for families who want to support their child’s independence while also protecting their health and legal rights.

When Full Guardianship May Be Necessary

For adults with special needs who do not fall under Florida’s guardian advocacy statute or whose conditions involve more complex decision-making needs, traditional guardianship under Florida Statutes Chapter 744 may be required. This process involves:

  • A court-ordered capacity evaluation by a three-member examining committee
  • A hearing to determine legal incapacity
  • The appointment of a guardian for the person, the property, or both

Traditional guardianship provides broader legal powers and more court oversight than guardian advocacy. It is typically required for individuals whose cognitive impairments arose after age 18 or whose limitations involve multiple areas of functioning, including managing money, signing contracts, and making healthcare decisions.

Guardianship and Public Benefits

One of the most important aspects of long-term care planning for special needs adults is preserving eligibility for public benefits such as:

  • Supplemental Security Income (SSI)
  • Social Security Disability Insurance (SSDI)
  • Medicaid
  • Medicaid Waiver Programs
  • Housing vouchers or other federal support

Guardianship does not, in itself, disqualify an individual from receiving these benefits. However, financial management must be done carefully. For example, if a guardian unintentionally causes the ward to exceed resource or income limits, it could jeopardize eligibility.

That’s why many families pair guardianship with additional planning tools such as:

  • Special Needs Trusts (SNTs) – Used to hold assets for the benefit of the individual without affecting SSI/Medicaid eligibility
  • ABLE Accounts – Tax-advantaged savings accounts that do not count toward SSI asset limits
  • Representative Payees – Designated individuals or organizations who manage government benefits on behalf of the beneficiary

An experienced Orlando Guardianship Attorney can help ensure that your loved one’s benefits remain protected and used appropriately.

Guardianship: Supporting Autonomy and Oversight

Guardianship does not have to be all or nothing. In many cases, courts in Florida can issue limited guardianships, which preserve some of the individual’s rights while assigning specific decision-making areas to the guardian. This might include:

  • Medical care only
  • Financial management only
  • Education-related decisions

The court tailors the guardianship order based on the individual’s needs and abilities. This balance is often crucial for special needs adults who may be capable of handling some parts of their lives with support, but not all.

The guardian is also required to submit regular reports to the court, which may include:

  • A plan of care
  • An inventory of assets
  • Annual accountings
  • Updates on living conditions and services received

This oversight helps ensure the adult’s well-being and provides a level of protection against abuse or neglect.

Why Legal Representation Matters

As a Guardianship Attorney in Orlando, I work with both sides of these matters—parents seeking to support their child, and individuals who want to retain as much independence as possible. Whether we are pursuing guardian advocacy or full guardianship, my goal is to build a plan that meets your loved one’s needs while following Florida law closely. These cases are deeply personal, and no two families face the exact same situation.

If you are thinking about how to care for your adult child with special needs, I invite you to schedule a consultation. We’ll review your options and responsibilities, including what kind of guardianship—if any—makes sense in your situation.

To speak with me about long-term care and guardianship planning, call 1-888-640-2999. I represent clients throughout Orange County, Florida, and I’m here to help you understand your rights and obligations under Florida law.

FAQs – Guardianship and Long-Term Care for Special Needs Adults in Florida

Does getting guardianship mean I can’t let my child make any decisions on their own?
No. Florida allows for limited guardianships and guardian advocacy arrangements that preserve many of your child’s rights. If your child is capable of making certain decisions, we can structure the legal arrangement to reflect that, so they remain as independent as possible.

Will my child lose their SSI or Medicaid if I become their guardian?
Not if everything is set up properly. Guardianship does not disqualify someone from government benefits. However, guardians must manage assets carefully to ensure the individual does not exceed income or resource limits. I often help families set up Special Needs Trusts or ABLE accounts to protect benefits.

What’s the difference between guardian advocacy and full guardianship?
Guardian advocacy is a simpler court process available for adults with specific developmental disabilities. It does not require a full incapacity hearing. Traditional guardianship involves more court oversight and applies to a wider range of disabilities, including those acquired later in life.

Is there a way to plan for my child’s future care if something happens to me?
Yes. Part of long-term care planning includes choosing a successor guardian, setting up a life care plan, and creating financial tools like trusts. These steps help ensure your child continues to receive the support they need if you can no longer provide it.

Can someone object to me becoming my child’s guardian?
It’s possible. Other family members, service providers, or even the court-appointed attorney may raise concerns. That’s why it’s important to work with an attorney who can help you present a clear, well-documented plan for your child’s care.

Do I have to go to court to become a guardian advocate?
Yes. Even for guardian advocacy, a petition must be filed in court, and a judge must approve your request. The court also appoints an attorney to represent your adult child during the process. I help families prepare for these hearings and ensure all legal requirements are met.

How often do I have to report to the court as a guardian?
You’ll generally need to file an initial plan and then annual reports that update the court on your child’s care, living situation, and finances if you are managing assets. These reports ensure accountability and protect your child’s best interests.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If you’re caring for an adult with special needs and have questions about guardianship and long-term care planning, I’m here to help. Let’s discuss how to create a legal structure that supports your loved one now and into the future.

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How to Transition a Special Needs Child to Guardianship at Age 18 in Florida

How to Transition a Special Needs Child to Guardianship at Age 18 in Florida

Ensuring Continued Legal Protection for Your Adult Child

When a child with special needs turns 18, parents often face new legal challenges. In Florida, once an individual reaches adulthood, parents no longer have automatic decision-making authority, even if their child has significant disabilities. If your child is unable to make important financial, medical, or personal decisions independently, establishing guardianship can ensure their continued care and protection.

I’m Beryl Thompson-McClary, an Orlando Guardianship Attorney, and I help families through the process of transitioning a special needs child to guardianship. If your child is approaching adulthood and you need legal guidance, call 1-888-640-2999 to schedule a consultation.

Why Is Guardianship Necessary at Age 18?

Under Florida law, when a child turns 18, they are legally considered an adult and gain full decision-making rights. This applies even if the individual has an intellectual or developmental disability that limits their ability to make informed choices. Without legal authority, parents cannot:

  • Make medical decisions or access health records
  • Manage financial affairs, including government benefits
  • Arrange for appropriate living situations or education programs

Guardianship provides a legal framework to continue supporting your child’s needs while preserving their rights as much as possible.

Types of Guardianship Available in Florida

1. Guardian Advocacy

For individuals with developmental disabilities, guardian advocacy is a simplified form of guardianship under Florida Statute 393.12. It does not require a court to declare the individual fully incapacitated. This option is available for adults with disabilities such as:

  • Autism
  • Cerebral palsy
  • Intellectual disabilities
  • Down syndrome
  • Prader-Willi syndrome

Guardian advocacy allows parents or caregivers to assist with medical, financial, and educational decisions while allowing the individual to retain certain rights when possible.

2. Plenary (Full) Guardianship

If the individual is unable to make decisions in multiple areas of life, plenary guardianship may be required. Under Florida Statute 744, this type of guardianship requires the court to declare the person legally incapacitated and transfers all major decision-making authority to the guardian.

3. Limited Guardianship

If an individual can make some decisions independently but needs assistance in specific areas, the court may grant limited guardianship, which allows the guardian to manage only certain aspects of their life, such as finances or medical care.

Steps to Establish Guardianship for a Special Needs Child Turning 18

  1. Determine the Type of Guardianship Needed
    • Assess whether guardian advocacy, plenary guardianship, or limited guardianship is the best option based on your child’s abilities.
  2. File a Petition With the Court
    • Submit a guardianship petition to the probate court in the county where your child resides.
  3. Provide Medical Documentation
    • A physician must certify that the individual has a developmental disability or lacks the capacity to make decisions independently.
  4. Complete Guardian Training
    • Florida law requires guardians to complete a training course outlining their legal responsibilities.
  5. Attend a Court Hearing
    • The judge will review medical reports and testimony to determine whether guardianship is necessary.
  6. Receive Guardianship Approval
    • Once granted, the guardian will be responsible for making decisions and filing periodic reports with the court.

Alternatives to Guardianship

Not all individuals with special needs require full guardianship. Some alternative legal options include:

  • Power of Attorney – If the individual has the capacity to understand legal agreements, they can assign a trusted person to make financial and healthcare decisions.
  • Healthcare Surrogate Designation – Allows an individual to appoint someone to make medical decisions if they become incapacitated.
  • Supported Decision-Making – Involves trusted advisors assisting the individual without removing their legal rights.
  • Special Needs Trusts – Protects assets while ensuring continued eligibility for government benefits.

An Orlando Guardianship Attorney can help determine whether full guardianship or an alternative solution is best for your family.

FAQs About Transitioning to Guardianship at Age 18

What happens if my child turns 18 and I don’t have guardianship in place?
Without guardianship or a power of attorney, you will no longer have legal authority to make decisions for your child. Medical providers, financial institutions, and schools may require court approval before allowing you to assist them.

Can more than one person serve as a guardian?
Yes, co-guardians can be appointed, allowing parents or other family members to share responsibilities.

Does my child lose all rights under guardianship?
Not necessarily. The court determines which rights the individual retains, and limited guardianships allow for as much independence as possible.

What if my child gains the ability to make decisions independently?
Guardianship can be modified or terminated if the individual demonstrates the ability to manage their affairs.

How long does the guardianship process take in Florida?
The timeline varies but typically takes a few months, depending on court schedules and the complexity of the case.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

If your special needs child is approaching adulthood, planning ahead is essential. I provide legal guidance to ensure your child’s continued care and protection. Call 1-888-640-2999 today to discuss your guardianship options and secure the right legal arrangements for your family.

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Guardianship for Adults With Developmental Disabilities in Florida

Florida Guardianship for Adults With Developmental Disabilities in Florida

Understanding Florida’s Legal Protections for Adults With Special Needs

Families in Florida who have a loved one with developmental disabilities often need legal authority to assist with medical, financial, and personal decisions. When a child with special needs turns 18, parents no longer have automatic decision-making authority. Guardianship is one way to ensure continued care and protection while preserving the individual’s rights.

I’m Beryl Thompson-McClary, an Orlando Guardianship Attorney, and I assist families seeking guardianship for adults with developmental disabilities. If you need legal guidance in securing the right level of protection for your loved one, call my office at 1-888-640-2999 to schedule a consultation.

What Is Guardianship for Adults With Developmental Disabilities?

Guardianship is a court-supervised process where a guardian is appointed to make decisions on behalf of an adult who is unable to make certain decisions independently. Unlike traditional guardianship, Florida law provides a streamlined process called guardian advocacy, designed specifically for individuals with developmental disabilities.

Under Florida Statute 393.12, guardian advocacy allows family members or trusted individuals to assist an adult with developmental disabilities without requiring the court to declare them legally incapacitated.

Who Qualifies for Guardian Advocacy in Florida?

To qualify for guardian advocacy, an individual must:

  • Have a diagnosed developmental disability, such as autism, cerebral palsy, intellectual disability, Down syndrome, or Prader-Willi syndrome
  • Have the disability before the age of 18
  • Be unable to make certain decisions without assistance, but not necessarily be deemed legally incapacitated

Because this process does not require a full incapacity determination, it is less restrictive than traditional guardianship and allows individuals to retain certain rights whenever possible.

Responsibilities of a Guardian Advocate

A guardian advocate may be responsible for:

  • Medical Decisions: Providing consent for treatments, medications, and surgeries
  • Education and Employment Decisions: Assisting with special education plans, job placements, and vocational training
  • Living Arrangements: Determining safe and appropriate housing options
  • Financial Management: Overseeing Social Security benefits, bank accounts, and financial planning

The level of authority granted depends on the court order, and some individuals may retain certain decision-making rights based on their capabilities.

Alternatives to Guardianship for Adults With Developmental Disabilities

Guardianship is not always necessary if other legal arrangements can provide sufficient support. Some alternatives include:

  • Power of Attorney (POA): If the individual has the capacity to understand and sign legal documents, they may designate someone to manage financial or medical affairs.
  • Healthcare Surrogate: This allows an individual to name someone to make medical decisions if they become unable to do so.
  • Supported Decision-Making: Involves family and trusted advisors helping the individual make choices without full guardianship.
  • Special Needs Trusts: Protects financial assets while preserving eligibility for government benefits.

An Orlando Guardianship Attorney can help evaluate whether guardianship or an alternative option is best for your family’s situation.

How to Apply for Guardian Advocacy in Florida

The process of applying for guardian advocacy involves:

  1. Filing a Petition: Submit a petition with the court outlining why guardian advocacy is necessary.
  2. Providing Medical Documentation: A doctor’s certification confirming the individual’s developmental disability is required.
  3. Attending a Court Hearing: The court will review the petition and determine what rights the individual will retain or transfer.
  4. Completing Training Requirements: Guardian advocates must complete an approved educational course on their responsibilities.

Once the court approves the guardian advocacy, the guardian must provide periodic reports to the court detailing the ward’s well-being and financial management.

FAQs About Guardianship for Adults With Developmental Disabilities in Florida

Does guardian advocacy remove all rights from an individual?
No. The court determines which rights are retained and which are assigned to the guardian advocate. The goal is to provide support while allowing the individual as much independence as possible.

What if my child turns 18 and I don’t have guardianship in place?
Without guardianship or an alternative arrangement, medical providers, financial institutions, and schools may not allow parents to make decisions on behalf of their adult child. It’s best to plan ahead to avoid complications.

Can more than one person be a guardian advocate?
Yes. Co-guardians can be appointed, allowing multiple family members to share responsibilities.

Is guardian advocacy permanent?
Not necessarily. If the individual gains the ability to make decisions independently, the court may modify or terminate the guardianship.

What happens if a guardian advocate fails to fulfill their duties?
The court monitors guardians and can remove them if they fail to act in the best interests of the ward. Another guardian advocate may be appointed.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

If you need to establish guardianship for an adult with developmental disabilities, I can help guide you through the legal process. Call 1-888-640-2999 today to discuss the best options for protecting your loved one’s future.

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How to Avoid Guardianship Through Estate Planning in Florida

How to Avoid Guardianship Through Estate Planning in Florida

Protecting Your Independence and Your Loved Ones

For many individuals and families in Orlando and across Florida, planning for the future includes ensuring that loved ones are not forced into a lengthy and costly guardianship process. Guardianship is a court-supervised arrangement where someone is appointed to make decisions on behalf of an incapacitated person. While it can be necessary in some situations, many people want to avoid it altogether. Proper estate planning can help protect your assets and decision-making authority while keeping your loved ones from having to seek court intervention.

I’m Beryl Thompson-McClary, an Orlando Guardianship Attorney, and I help clients develop legal strategies to prevent unnecessary guardianship proceedings. If you want to create an estate plan that safeguards your independence, call my office at 1-888-640-2999 to schedule a consultation.

Why Do People Want to Avoid Guardianship?

Guardianship can be an effective legal tool when someone can no longer make financial or healthcare decisions. However, it comes with significant drawbacks, including:

  • Loss of Control: A court-appointed guardian makes decisions for the individual, even if they do not align with their prior wishes.
  • Court Supervision: The guardianship process requires court oversight, annual reports, and financial accountings, adding complexity and costs.
  • Family Disputes: Family members may disagree over who should serve as guardian, leading to litigation and stress.
  • Time-Consuming Process: Establishing guardianship requires legal proceedings, medical evaluations, and court approvals, which can take months to complete.

By implementing certain estate planning tools, you can ensure that a trusted person will have legal authority to act on your behalf without the need for guardianship.

Key Estate Planning Tools to Avoid Guardianship in Florida

Proper estate planning can provide clear instructions and legal authority to handle your affairs if you become incapacitated. Here are the most effective legal strategies:

1. Durable Power of Attorney

Under Florida Statute 709.2104, a durable power of attorney allows you to designate an individual (your agent) to manage your financial and legal matters if you become incapacitated. This document remains in effect even if you are unable to make decisions. Without a power of attorney in place, a court may need to appoint a guardian to handle your financial affairs.

A properly drafted power of attorney should:

  • Grant authority to handle banking, real estate, and investments
  • Include provisions for handling government benefits and tax matters
  • Clearly define the scope of the agent’s authority to prevent abuse

2. Designation of Health Care Surrogate

A designation of healthcare surrogate, governed by Florida Statute 765.202, allows you to appoint someone to make medical decisions on your behalf if you cannot do so. This document ensures that a trusted person can act quickly without the need for court intervention.

A healthcare surrogate can:

  • Consent to medical treatments and procedures
  • Work with doctors to ensure your healthcare preferences are followed
  • Access medical records to make informed decisions

Without this document, your family may need to seek guardianship to make critical medical decisions.

3. Living Will

A living will, outlined under Florida Statute 765.302, allows you to specify your wishes regarding end-of-life care. It provides instructions about life-prolonging treatments, artificial hydration, and other medical interventions.

By documenting your preferences in advance, you prevent the need for a guardian to make difficult decisions on your behalf.

4. Revocable Living Trust

A revocable living trust allows you to transfer assets into a trust and name a trustee to manage those assets if you become incapacitated. This tool helps prevent guardianship by ensuring financial matters are handled seamlessly.

Advantages of a living trust:

  • Keeps assets out of probate and guardianship proceedings
  • Allows a trustee to step in immediately if needed
  • Provides ongoing management of finances without court intervention

Under Florida Statute 736, a properly funded revocable trust gives your chosen trustee full authority to handle your assets without the need for court approval.

5. Pre-Need Guardian Designation

If guardianship ever becomes necessary despite your estate planning efforts, you can pre-designate who should serve as your guardian. Under Florida Statute 744.3045, this document allows you to name a preferred guardian, preventing disputes among family members and ensuring your wishes are honored.

What Happens If You Don’t Plan Ahead?

Without the proper estate planning documents, your family may face significant legal and financial challenges. If you become incapacitated without a power of attorney or healthcare surrogate in place:

  • Your loved ones may need to petition the court for guardianship.
  • A judge, rather than you, will decide who manages your affairs.
  • Court oversight and reporting requirements may complicate matters.
  • Family disagreements can arise over who should serve as guardian.

By taking proactive steps now, you can protect your autonomy and ease the burden on your family.

FAQs About Avoiding Guardianship in Florida

Can a durable power of attorney prevent the need for guardianship?
Yes. If a properly executed durable power of attorney grants broad authority, a guardian may not be necessary. However, if the power of attorney is limited or does not cover certain decisions, guardianship may still be required.

What is the best way to avoid guardianship for financial matters?
A combination of a durable power of attorney and a revocable living trust is often the best strategy. A power of attorney grants legal authority to handle day-to-day transactions, while a trust ensures assets are managed without court involvement.

Can I name different people for financial and medical decisions?
Yes. You can designate one person as your healthcare surrogate and another as your financial agent under a durable power of attorney. This allows you to choose individuals with the right skills for each responsibility.

What happens if my family disagrees on my care?
A well-drafted estate plan reduces family disputes by clearly outlining your wishes. If disputes arise, courts typically follow the documents you have in place. If no documents exist, family members may need to seek guardianship to determine decision-making authority.

Do I still need a will if I have a trust?
Yes. A will is still necessary to cover any assets that were not transferred into your trust. A pour-over will directs any remaining assets into your trust upon your passing.

How often should I update my estate plan?
You should review and update your estate plan whenever there is a significant life event, such as marriage, divorce, the birth of a child, or changes in Florida law.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Avoiding guardianship is possible with careful estate planning. If you want to protect your assets, decision-making rights, and your family’s future, I can help. As an experienced Orlando Guardianship Attorney, I provide personalized legal strategies to help you maintain control over your affairs. Call 1-888-640-2999 to schedule a consultation today.

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How Florida Law Protects the Rights of Wards in Guardianship Cases

How Florida Law Protects the Rights of Wards in Guardianship Cases.

Guardianship in Orlando: Ensuring Protection for Vulnerable Individuals

Orlando is a thriving city with families from all walks of life, many of whom find themselves facing difficult decisions about guardianship. Whether due to age, disability, or medical conditions, some individuals require legal protection to ensure their well-being. Guardianship cases involve serious legal responsibilities, and while the process is designed to safeguard vulnerable individuals, it must also protect them from potential abuse or exploitation.

As an Orlando Guardianship Attorney, I work with families throughout Orange County, ensuring that the legal rights of those under guardianship remain protected. Whether you are seeking to become a guardian, challenging a guardianship, or advocating for the rights of a loved one, I can provide the guidance and representation you need. To schedule a consultation, call 1-888-640-2999 today.

Understanding How Florida Law Defines Guardianship

Guardianship is a court-supervised process where a responsible individual or entity is appointed to manage the affairs of a person who cannot do so independently. Under Florida Statutes Chapter 744, guardianship is considered a last resort, used only when less restrictive alternatives are unavailable.

Individuals under guardianship are legally known as wards, and their rights remain a primary concern in all legal proceedings. The court determines what rights, if any, should be removed from a ward and transferred to the guardian. However, Florida law also ensures that wards retain as many rights as possible.

Types of guardianship in Florida include:

  • Plenary Guardianship: Grants full authority over personal and financial decisions.
  • Limited Guardianship: Transfers only specific rights from the ward to the guardian, allowing the individual to retain some decision-making power.
  • Guardian Advocacy: Designed for adults with developmental disabilities, allowing a guardian to assist without a formal finding of incapacity.

The courts aim to protect the ward’s best interests while ensuring that guardianship does not result in unnecessary loss of independence.

Legal Protections for Wards Under Florida Law

Guardianship is intended to protect, not control, individuals who need assistance. Florida law contains multiple safeguards to prevent abuse and ensure that wards retain their dignity and autonomy whenever possible. The following legal protections help maintain fairness and oversight in guardianship cases:

Right to Due Process

Before a guardianship is established, the alleged incapacitated person has the right to legal representation and a court hearing. Under Florida Statute 744.331, a three-member examining committee evaluates the individual’s capacity. This process ensures that guardianship is not imposed unnecessarily.

Retention of Certain Legal Rights

Even when a guardian is appointed, wards retain specific rights unless the court determines otherwise. Under Florida Statute 744.3215, wards may retain:

  • The right to be treated with dignity and respect.
  • The right to a fair hearing to challenge guardianship.
  • The right to communicate and visit with family and friends.
  • The right to privacy in personal affairs.

Court Supervision of Guardians

Guardians are held to strict legal and ethical standards. The court monitors all guardianship arrangements to prevent mismanagement or abuse. Under Florida Statute 744.367, guardians must:

  • File an initial guardianship report detailing the ward’s condition and assets.
  • Submit annual financial reports accounting for all expenditures.
  • Obtain court approval for major financial decisions, such as selling property.

Failure to comply with these reporting requirements can lead to court sanctions or removal as a guardian.

Protection Against Exploitation

Guardianship laws prevent financial exploitation by requiring strict oversight of how a guardian manages a ward’s estate. If family members suspect a guardian is misusing funds or failing to act in the ward’s best interests, they can file a legal petition to investigate and remove the guardian if necessary.

When Guardianship Is Contested

While guardianship is meant to protect wards, disputes can arise over who should serve as a guardian, how the ward’s rights are handled, or whether guardianship is necessary at all. These cases often involve:

  • Allegations of guardian misconduct, such as financial mismanagement or neglect.
  • Family disagreements over who should be appointed as guardian.
  • Wards challenging their own guardianship, arguing they have regained capacity.

Florida law provides legal recourse for those who wish to contest a guardianship. A ward or an interested party can petition the court for a modification or termination of guardianship, ensuring that decisions reflect the individual’s best interests.

FAQs About Guardianship Rights in Florida

Can a ward challenge their own guardianship? Yes. If a ward believes they have regained the ability to make decisions, they have the right to petition the court for restoration of their rights. A medical evaluation may be required to support this claim.

Are there alternatives to guardianship? Yes. Florida courts encourage the use of less restrictive options when possible. These include durable power of attorney, healthcare surrogates, and trusts. If these alternatives provide sufficient protection, guardianship may not be necessary.

What happens if a guardian abuses their authority? If a guardian misuses funds, neglects their duties, or violates a ward’s rights, they can be removed by the court. Family members or concerned parties can petition for an investigation, and if wrongdoing is found, the court can impose penalties or appoint a new guardian.

How does the court decide who should be a guardian? The court considers multiple factors, including the proposed guardian’s relationship to the ward, financial responsibility, and ability to provide proper care. If multiple individuals seek guardianship, the court determines which candidate best serves the ward’s interests.

Can family members access a ward’s financial records? Guardians must submit annual financial reports to the court, which are typically available for review by interested parties. If a family member suspects financial mismanagement, they can request a court review of the guardian’s actions.

Can a guardian prevent a ward from seeing family members? A guardian cannot unreasonably restrict a ward’s contact with loved ones. Florida law upholds the ward’s right to maintain relationships unless there is evidence that the contact is harmful.

What happens if the ward’s condition improves? If a ward’s mental or physical condition improves significantly, they can petition for restoration of their rights. The court will evaluate medical evidence and determine whether full or partial capacity can be reinstated.

How long does guardianship last? Guardianship remains in effect until the ward passes away, regains capacity, or a court determines that guardianship is no longer necessary. If a guardian resigns or is removed, the court appoints a replacement to ensure continued protection for the ward.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Guardianship cases require careful legal handling to ensure the ward’s rights are respected while providing necessary protection. Whether you need to establish guardianship, contest an existing arrangement, or advocate for a loved one’s rights, I am here to assist. Call 1-888-640-2999 to schedule a consultation and discuss your guardianship concerns today.

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The Responsibilities and Duties of a Guardian in Florida

The Responsibilities and Duties of a Guardian in Florida

Understanding Guardianship in Orlando and Beyond

Orlando is home to a diverse population, including families who face the need for legal guardianship. Whether caring for a minor, an adult with special needs, or an aging relative, guardianship carries significant legal responsibilities. When disputes arise over a guardian’s role or the rights of a ward, the legal process can become complex. As an Orlando Guardianship Attorney, I help families throughout Orange County understand the duties and obligations involved in guardianship, ensuring that both guardians and wards are protected under Florida law.

I’m Beryl Thompson-McClary, and I provide legal counsel for individuals seeking guardianship as well as those challenging the actions of a guardian. If you need guidance on guardianship matters, call 1-888-640-2999 to schedule a consultation.

Defining Guardianship Under Florida Law

Guardianship is a legal arrangement where one person is appointed by the court to manage the personal, medical, and financial affairs of another individual who cannot do so independently. Florida law recognizes different types of guardianship, including:

  • Guardianship of Minors: When a child’s parents are unable to care for them, a guardian may be appointed to make legal, financial, and medical decisions.
  • Guardianship of Adults: Some adults require guardianship due to cognitive disabilities, serious medical conditions, or mental illness that prevents them from making responsible decisions.
  • Limited Guardianship: In cases where a person retains some capacity for decision-making, the court may limit the guardian’s authority to specific areas, such as financial oversight or medical decisions.
  • Plenary Guardianship: This grants the guardian full decision-making power over the ward’s personal and financial matters when the court determines the individual is completely incapacitated.

Florida law governing guardianship is outlined in Chapter 744 of the Florida Statutes. These laws establish the framework for appointing guardians, defining their duties, and protecting the rights of individuals under guardianship.

The Responsibilities of a Guardian in Florida

Once appointed, a guardian must fulfill several legal duties under Florida law. These responsibilities vary depending on the type of guardianship but typically include:

Managing Personal and Medical Decisions

Guardians often make critical healthcare decisions, including:

  • Authorizing medical treatments and procedures
  • Choosing doctors and healthcare providers
  • Deciding on appropriate living arrangements
  • Ensuring that the ward receives necessary care and support

Under Florida Statute 744.3215, wards retain certain rights unless the court determines they are incapable of making specific decisions. A guardian must act in the best interest of the ward while respecting their remaining rights and preferences.

Handling Financial Affairs

For individuals who are unable to manage their own financial matters, guardians take on the responsibility of handling their income, investments, and expenses. This includes:

  • Paying bills and managing debts
  • Overseeing bank accounts and investments
  • Filing taxes on behalf of the ward
  • Protecting assets from fraud or mismanagement

The guardian must provide an annual financial report to the court, detailing all expenditures and transactions related to the ward’s estate. Failure to comply with financial reporting requirements can lead to legal consequences, including removal as guardian.

Ensuring the Ward’s Safety and Well-Being

A guardian is responsible for maintaining a ward’s overall quality of life, which includes:

  • Ensuring safe and appropriate housing
  • Arranging for personal care assistance if needed
  • Monitoring the ward’s physical and mental health
  • Protecting them from neglect or abuse

The guardian must also submit an annual guardianship plan detailing the ward’s living conditions and medical care.

Legal Obligations and Court Oversight

Florida courts monitor guardians to ensure they fulfill their responsibilities ethically and lawfully. Guardians are required to:

  • Attend mandatory training on the legal and ethical obligations of guardianship.
  • Submit detailed reports to the court on a regular basis.
  • Seek court approval for major decisions, such as selling property or placing a ward in a long-term care facility.

Under Florida Statute 744.474, a guardian may be removed for misconduct, failure to file required reports, or if they act against the best interests of the ward. This ensures that guardianship arrangements serve their intended purpose without exploitation or neglect.

The Rights of Wards in Guardianship Cases

Even when under guardianship, wards retain certain legal rights, including:

  • The right to be treated with dignity and respect
  • The right to communicate with family and friends
  • The right to challenge a guardianship arrangement if they regain capacity
  • The right to legal representation

Florida law emphasizes the least restrictive form of guardianship necessary to meet the ward’s needs, ensuring they retain as much independence as possible.

Challenges and Disputes in Guardianship Cases

While guardianship is meant to protect vulnerable individuals, disputes can arise when:

  • Family members disagree about who should serve as guardian.
  • A guardian is accused of mismanaging finances or neglecting their duties.
  • The ward’s capacity to make decisions changes over time.

If you believe a guardian is not acting in the best interest of the ward or if you need to contest a guardianship decision, legal action may be necessary. As an Orlando Guardianship Attorney, I handle cases where guardianship is being misused or where a ward’s rights need protection.

FAQs About Guardianship in Florida

What is the difference between a guardian and a power of attorney? A power of attorney allows an individual to designate someone to handle specific legal or financial matters on their behalf. Guardianship, on the other hand, is a court-ordered arrangement that removes certain rights from the ward and places decision-making authority with the guardian.

Can a guardian make all decisions for a ward? Not necessarily. Florida law requires courts to determine which rights a ward can retain. Some individuals under guardianship may still have the ability to make personal decisions while needing assistance with financial or healthcare matters.

How long does the guardianship process take in Florida? The length of the process depends on the complexity of the case. Emergency guardianship can be granted quickly, while full legal guardianship cases may take several months due to court evaluations and hearings.

Can guardianship be revoked? Yes. If the ward regains capacity or if a guardian is found to be acting improperly, a guardianship arrangement can be modified or terminated through the court.

Are there alternatives to guardianship? Yes, alternatives include power of attorney, healthcare surrogates, and living trusts. These options may allow an individual to retain more control over their decisions while still receiving necessary support.

What should I do if I suspect a guardian is abusing their power? If you suspect financial exploitation or neglect, you can report it to the court overseeing the guardianship or seek legal representation to challenge the guardian’s authority.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Guardianship cases require experienced legal guidance to ensure the rights of all parties are upheld. If you need help establishing, contesting, or managing guardianship in Florida, I can provide the legal support you need. Call 1-888-640-2999 to schedule a consultation and discuss your guardianship concerns.

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What Is Guardianship in Florida and When Is It Necessary?

What Is Guardianship in Florida and When Is It Necessary?

Understanding Guardianship in Orlando, Florida

Orlando is home to a diverse population, including families, retirees, and business owners who may need to address guardianship issues at some point. Guardianship can become necessary in a variety of situations, including caring for an aging parent, protecting a loved one with special needs, or managing the affairs of an incapacitated individual.

As an Orlando high net-worth divorce Attorney, I handle guardianship matters for individuals and families throughout Orange County, Florida. Whether you are seeking to establish guardianship or contest a guardianship appointment, I provide legal guidance tailored to your specific situation. If you need help with a guardianship case, call 1-888-640-2999 to schedule a consultation.

What Is Guardianship in Florida?

Guardianship is a legal process where the court appoints a guardian to manage the affairs of a person who is unable to make decisions independently. This can involve financial matters, personal care, or both. Florida law recognizes different types of guardianship based on the specific needs of the individual involved.

Under Florida Statutes Chapter 744, the state provides guidelines for when and how guardianship is established. The primary purpose is to protect vulnerable individuals while ensuring their rights are preserved as much as possible.

When Is Guardianship Necessary?

Guardianship is typically required when an individual is unable to care for themselves due to:

  • Incapacity due to age or illness – Elderly individuals with dementia or Alzheimer’s may need someone to manage their personal and financial affairs.
  • Developmental disabilities – Adults with disabilities may require a guardian advocate to assist in making major life decisions.
  • Incapacitation due to injury – A sudden accident or illness can leave someone unable to handle their own legal, financial, or medical matters.
  • Minor children without parental care – If parents pass away or become unfit, the court may appoint a guardian to care for a child.

Each guardianship case is unique, and Florida courts take careful steps to ensure that guardianship is only imposed when necessary.

Types of Guardianship in Florida

Florida law provides several types of guardianship to accommodate different circumstances:

Plenary Guardianship

This grants the guardian full authority over both personal and financial decisions for the ward (the person under guardianship). It is typically used when the individual is entirely unable to manage any aspect of their life.

Limited Guardianship

If an individual can make some decisions but requires assistance in other areas, the court may appoint a limited guardian. This allows the ward to retain some independence while still receiving necessary support.

Guardian Advocacy

For individuals with developmental disabilities, Florida law allows for guardian advocacy without requiring a formal determination of incapacity. This option is available under Florida Statutes § 393.12.

Emergency Temporary Guardianship

If an individual is at immediate risk of harm, the court may appoint a temporary guardian to manage urgent affairs. This type of guardianship usually lasts up to 90 days and is meant to protect the ward while a long-term plan is established.

Guardianship of a Minor

When a child’s parents are unable to care for them, a guardian may be appointed to ensure their well-being. This can be a relative or another responsible adult approved by the court.

The Florida Guardianship Process

Establishing guardianship in Florida involves several legal steps to ensure that it is necessary and in the best interest of the ward. The process includes:

  1. Filing a Petition for Guardianship
    • A petition is filed in the appropriate Florida court requesting guardianship.
    • If the case involves an adult, a separate petition to determine incapacity must also be filed.
  2. Appointment of an Examining Committee
    • For adult guardianships, the court appoints a panel of professionals (including a physician) to evaluate the individual’s ability to make decisions.
  3. Court Hearing
    • The judge reviews medical and expert testimony to determine if guardianship is necessary.
    • If guardianship is granted, the court outlines the guardian’s specific powers and responsibilities.
  4. Guardian Responsibilities and Reporting
    • Guardians are required to submit an initial plan detailing how they will care for the ward.
    • Annual reports must be filed with the court to ensure the guardian is fulfilling their duties.

Legal Ramifications of Guardianship

While guardianship is meant to protect vulnerable individuals, it also involves serious legal consequences. The court may remove certain rights from the ward, including:

  • The right to manage their own finances
  • The ability to sign legal documents
  • The authority to make medical decisions

Because guardianship is a significant legal measure, Florida law emphasizes less restrictive alternatives whenever possible. Courts will consider alternatives such as:

  • Power of Attorney – Allows an individual to appoint someone to handle their affairs without court intervention.
  • Health Care Surrogate Designation – Enables a trusted person to make medical decisions on behalf of another.
  • Trusts – Can be used to manage financial affairs without requiring full guardianship.

How an Orlando High Net-Worth Divorce Attorney Can Assist

As an Orlando high net-worth divorce Attorney, I handle guardianship cases for individuals and families throughout Orange County. Whether you are seeking guardianship for a loved one or disputing a guardianship petition, I can provide guidance through the legal process.

If you need to discuss a guardianship case, call 1-888-640-2999 to schedule a consultation.

FAQs About Guardianship in Florida

What rights does a guardian have over a ward?

A guardian may have control over the ward’s finances, medical care, and personal decisions, depending on the court’s ruling. The guardian must act in the ward’s best interests and comply with Florida law.

Can guardianship be contested in Florida?

Yes, guardianship can be contested if a family member believes the proposed guardian is unfit or if the individual in question is still capable of making their own decisions. The court reviews evidence and testimony before making a final determination.

How long does the guardianship process take in Florida?

The length of time varies based on the complexity of the case. Emergency guardianships may be granted quickly, while full guardianship proceedings can take several months, especially if contested.

Is a guardian personally responsible for the ward’s debts?

No, guardians are not financially responsible for the ward’s debts. However, they are responsible for managing the ward’s finances in accordance with court orders.

Can guardianship be reversed?

Yes, if the ward regains capacity, they can petition the court to restore their rights and terminate the guardianship.

What is the difference between plenary and limited guardianship?

Plenary guardianship grants full control to the guardian, while limited guardianship allows the ward to retain certain rights, based on their level of incapacity.

What are the reporting requirements for guardians in Florida?

Guardians must submit annual financial reports and care plans to the court to ensure compliance with their legal duties.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Guardianship cases involve complex legal issues that require careful handling. Whether you need to establish, contest, or modify a guardianship, I can help you through the legal process. Call 1-888-640-2999 to schedule a consultation and discuss your guardianship case today.

Beryl Thompson-McClary
Address: 390 N Orange Ave #2300, Orlando, FL 32801, United States
Hours: Open
Phone: 1-888-640-2999
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