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