Guardianship in Clermont and Winter Garden: Merideth Nagel, P.A.

 In search of Guardianship Rights

When your health and mental well-being deteriorate, you may find yourself in situations where you must exercise certain rights and make some decisions. It will be difficult to manage your loved one's affairs and fund their care if you do not have these rights. The scenario will necessitate consultation with a guardianship attorney who is familiar with local and state laws. Merideth Nagel, P.A. in Central Florida can provide you with legal assistance and counsel that will provide you options while you make decisions for your loved ones.

What is the Purpose of a Guardianship?

You'll want to set up guardianship to ensure that your loved one receives proper care and is under the supervision of someone who can make decisions for them. If your family member leaves an institution where they are placed, the Guardian may be contacted. Once located, authorities will be notified and the ward will be returned to the right facility. Furthermore, if the individual has assets in their name, such as a car or bank account, or if a home is involved, and there is no legitimate power of attorney in place, a Guardianship will be required to gain access to those assets.

Who Might Be Appointed as a Guardian?

Anyone who is considered an adult by the state of Florida can act as a guardian. A guardian can also be a close family member of the ward who does not live in Florida. No one can be appointed if they have been convicted of a criminal or are extremely ill and handicapped. When a family decides who should be the Guardian, the Court rarely overrules their decision.

Is the Guardian financially responsible for Ward's debts?

No. The Guardian is exempt from paying the ward's debts out of their own pocket. This is not the same as a mother-daughter relationship, in which the parents bear the brunt of the responsibility. The guardians' responsibilities are restricted.

How Long Does It Take To Complete The Process?

The process for obtaining a temporary immediate guardianship takes 3 to 5 days. It should take no more than 30 days for a standard application.

Getting Rid of Guardianship

Through effective estate preparation, guardianship can be avoided. A good estate plan will include a medical power of attorney, which allows a trusted someone to make medical decisions in an emergency, and a durable power of attorney, which allows a trustworthy individual to manage personal affairs.

Contact our offices at 352-394-7408 or use the email form on this site if you need a guardianship attorney in Clermont and Winter Garden or are ready to execute a proper estate plan.