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Guardianship of Minors

Surrogate Decision-Maker

In Florida a guardian is considered a surrogate decision-maker that is appointed by the court to make personal and financial decisions for a minor. After guardianship is adjudicated, the minor is referred to as the "ward."

Under certain circumstances, Florida law allows for the appointment of a guardian for a minor when the parents die, or are otherwise unable to care for their child, or when the child receives an inheritance or proceeds from a lawsuit or an insurance policy in an amount that exceeds $15,000.

Guardianship of a minor is an ethical and legal relationship between the guardian and the ward; it involves many court-mandated responsibilities regarding the basic rights of another human being. When you are considering guardianship, it's essential that you consult with a Miami probate attorney who can advise you of all appropriate, technical and fiduciary matters pertaining to guardianship and court procedures.

Being a guardian means that you will take care of the ward to the best of your abilities, while safeguarding his or her rights, preserving their dignity, and improving the quality of their life.

When considering the appointment of a guardian, the court gives preference to individuals who are related by blood or marriage; has relevant educational, professional or business experience; has the capacity to manage the finances involved; and who is able to meet the requirements of the law as well as the unique needs of the individual.

Contact a Miami Guardianship Attorney

A preneed guardian is someone named in a written declaration to serve as a guardian in the event that a parent becomes incapacitated or dies. A parent can nominate a preneed guardian for their minor child in the event something was to happen to them. This declaration must clearly identify the preneed guardian and be signed in the presence of at least two attesting witnesses and executed by both parents if living.

To obtain more information regarding a guardian's duties and responsibilities, I urge you to contact me to schedule a consultation. With over 30 years of experience handling guardianship proceedings and as an AV® Rated attorney by Martindale-Hubbell®, I am more than qualified to assist you.

I proudly serve clients in Miami, Coral Gables, and the surrounding areas.

Frequently Asked Questions

Why should I create a trust? You should create a trust for multiple reasons. Trusts can help you avoid certain types of taxes. If you create an irrevocable life insurance trust, for example, protects your death benefit proceeds from estate taxes. You may also be able to avoid the probate process by keeping certain property out of your estate. You can create certain conditions and terms for trusts, in order to protect your estate, as well. You can also leave money for charities and institutions in a trust, along with fund your child or grandchildren's education.
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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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