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Guardianships in FL

Miami Guardianship Attorney

No one plans on passing away before their children reach legal age, but there is always a possibility for such an event to occur. For those who are caring for an incapacitated person, the incapacitated person will always require another person's care, as they are unable to perform such duties.

Electing a guardian for children or an disabled individual may ensure that the person you trust to care for your loved ones is chosen by the court during probate. It is not guaranteed, but if the person you elect is qualified and willing to accept guardianship of a minor, they will be elected by the court.

If you do not elect a person as a guardian for your child or file a petition to determine incapacity, the court will choose a person or organization to raise your child or look after the incapacitated person.

Guardianship of the Person & the Estate

You want to elect someone who will be financially able and willing to raise your relatives if you and your spouse should pass away unexpectedly. Two types of probate guardianship are guardianship of a person, and guardianship of an estate. Often, the person who is elected for one type of guardianship is elected for the other type, as well, but it is not always the case.

Electing someone for guardianship of a person means the person will have the same responsibilities in which the parent had prior to their death. The guardian has full legal and physical custody of the child or incapacitated person, and is responsible for the child's clothing, safety, medical care, and education.

When a person is elected guardian of an estate, they are in charge of managing the child's money or property until the child reaches legal age. If a child inherits money or property from a deceased loved one, the parent or legal custodian will usually be elected the guardian of the estate by the court. If a minor child's parents pass away, an estate guardian will be elected by the court, and the guardian is responsible for the money and/or property left for the child.

The estate guardian, like a guardian of a person, has a fiduciary duty to uphold. This means that the guardian must:

  • Manage and protect the property
  • Manage the money
  • Take care of the child or incapacitated individual to the best of their ability

Contact a Coral Gables Lawyer for Assistance

If you have minor children, or are legally responsible for the care of an incapacitated individual, it is in their best interest that you elect a guardian for their care and/or estate if you and your spouse should suddenly pass away. It is a morbid and scary possibility to consider, but if you do not elect a guardian, the state will choose someone on your behalf. It is better to elect someone you know and trust will raise your children or care for your incapacitated loved one as you would.

Guardianship is a huge responsibility, and the person you elect must be able to care for your loved ones in every aspect imaginable. As a Miami guardianship attorney, I will sit down with you and your family and help you choose the best possible person to raise and care for your minor children or disabled loved one.

Please contact my firm as soon as possible to discuss this matter. Also, if you have questions about guardianship, see my Guardianship FAQ's.

Frequently Asked Questions

What is the difference between a living will and a power of attorney? A living will is a legal document that states what type of medical care you wish or do not wish to receive should you become unable to voice your opinions. A power of attorney is a document that you write that appoints someone to make medical decisions on your behalf.
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Susan E. Durre - Miami Probate Lawyer
Located at 6601 SW 80th Street, Suite 121
South Miami, FL 33143.
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