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Our law firm specializes in guardianships for special needs and children
A guardianship is a legal proceeding in which a guardian exercises the legal rights of a ward. To become a guardian, one must petition the judge to appoint someone to look out for the welfare of a ward (someone who cannot take care of themselves).
As an attorney who respects the likes of you and your loved ones, I am here to help and guide you through these delicate decisions. If you are looking to become someone's guardian, we know what are the best steps to take. I know that deciding to seek a guardianship is not an easy one to make, but sometimes we do what we have to do to help and protect our loved ones. I am here to give you the help that you need in these emotional times.
There is a difference between Power of Attorney and Guardianship. While a guardianship is petitioned in court, a power of attorney is made in advance before the guardianship is needed. Getting a Durable Power of Attorney gives you more control to exercise your rights to choose who you want as your guardian. We know that it can be difficult to give control over to someone else but good planning can help prevent issues for when the time comes.
If a Durable Power of Attorney is not done while the adult is still competent, the court will appoint a family member or a professional as a guardian. This guardian may be given the authority to make financial and medical decisions for that person. The guardianship can last for a short time until the person's rights are restored or until the incapacitated person passes away.
When is a guardianship needed?
* When a client has or wants to become the guardian to a person with special needs.
* When a child turns eighteen, a parent can no longer make legal decisions for them. However, the eighteen year old may not be capable to make decisions. The parents can petition the court to become the child’s legal guardian so that they are able to help their special needs child.
* When an adult wants to become the legal guardian to a child that is a ward of the state, we are able to petition the courts to grant the guardianship.
* Another time may be if a child receives an inheritance or proceeds of a lawsuit or insurance policy exceeding $15,000, the court must appoint a guardian.
* If an adult is determined to be incapacitated, then a legal guardian is appointed by the court. What makes them incapacitated? It could be from a physical disability to a mental disability. If an adult cannot feed themselves, clothes themselves, use the bathroom, and so on, this makes them physically incapacitated. They lack the physical ability to take care of themselves. For Mental disability, also known as cognitive disability, this can include intellectual disabilities or even diseases like Alzheimer's Disease.
What can I do to help you through these vulnerable times?
I am here with you throughout the process. There are many decisions to make and together we will establish what we need to do.
Chaya Posner Law has the following services available to represent you during your guardianship matters
* Establish Incapacity
* Prepare/File Guardianship Petitions
* Prepare the Annual Accounting
For more information on the process, please call our office and visit the Florida Bar by clicking here.
I am here to answer all your questions and guide you through the power of attorney/guardianship process from start to finish