Guardianship is a legal proceeding in which a guardian is appointed by the court who then exercises the legal rights of another individual called a ward.A guardian may be appointed by the court when an individual has been declared incapacitated because of age, illness, or injury. A court may also appoint a guardian for an individual who seems likely to be cheated or taken advantage of by others due to illness, incapacity, or age.
In order to begin a guardianship, a Petition to Determine Incapacity must be filed with the court, and the court must find the person incapacitated. An attorney is appointed by the court to represent the alleged incapacitated person as perhaps the petition to determine incapacity is not filed in good faith, or perhaps the alleged incapacitated person does not believe that he or she needs guardianship. The court will also appoint an examining committee to meet with the alleged incapacitated person and they will recommend to the court whether or not they believe guardianship is necessary. The court will make the final determination after all evidence is presented during a court hearing.
If a guardianship is approved, the alleged incapacitated person is then called the ward and the judge will then determine whether only some of the rights of the alleged incapacitated person will be removed or all of their rights.
If the Judge grants the guardianship, Letters of Guardianship will be issued to the guardian which is a piece of paper stating that they have the authority to act on behalf of the ward.
If a Guardian of the Person is approved by the court then the guardian will have all authority over the healthcare of the ward and where they reside as well as their social activities and the ward will have no authority. The court could remove certain personal rights of the ward and leave them with the ability to control other rights or could remove all of their rights. If a Guardian of the Property is approved by the Court then the guardian will have full authority over all of the ward’s assets and the ward will have no authority over their assets.
The clerk of the court of Broward County has prepared a Guardianship handbook and the link is below. We at Kreutzer Law Offices are ready, willing, and able to assist you with this process.
If you feel someone you know is incapacitated or is in danger, contact one of our Miami guardianship lawyers or Ft. Lauderdale guardianship lawyers as they have the expertise and knowledge to assist you in establishing a guardianship.
