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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

Does everyone have to go through probate? Unless an estate is worth less than $75,000, formal administration, or regular probate, is necessary. There are ways to avoid the probate process , such as setting up revocable trusts or gifting a certain amount of money or assets to beneficiaries while you are still alive.
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Susan E. Durre - Miami Probate Lawyer
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South Miami, FL 33143.
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