Guardianship

When a person is appointed as a guardian, they take on the important responsibility of caring for another person and making decisions on their behalf. But what happens when a guardian dies or resigns? Whether because of death, illness, personal circumstances, or another reason, a guardianship does not disappear when a guardian steps away. Here…

When a loved one can no longer manage their personal, medical, or financial affairs, guardianship may become necessary. One of the first questions families ask is: Who can be a guardian in Florida? Under Florida law, a guardian is a person or entity appointed by the court to exercise some or all of the legal…

When a loved one can no longer safely manage their own personal, medical, or financial affairs, guardianship may be required.  Guardianship administration focuses on specific legal obligations, especially when a ward resides in an assisted living facility. While assisted living staff may help with day-to-day care, the guardian remains responsible for protecting the ward’s well-being,…

When a child inherits or is awarded a sum of money in excess of $15,000, a guardian over the child’s property is required. In many cases, the child may also be receiving Social Security benefits prior to the establishment of a guardianship case.  For example, the child may qualify for benefits due to a parent’s…

Filing an initial guardianship inventory and care plan are among the first responsibilities of a guardian.  The inventory gives the court an accounting of the ward’s assets and financial obligations, while the care plan explains how the guardian will address their medical, living, and day-to-day needs.  These filings show the court that the guardian understands…

When a loved one cannot manage their own affairs, establishing a guardianship gives protection and structure. However, a guardian does not have unlimited authority. Courts will supervise how they manage a ward’s assets. Sometimes, certain expenses and financial decisions will require prior court approval. What expenses require court approval in a Florida guardianship? Here is…

When a minor reaches age 18, a guardianship does not automatically terminate. Closing the guardianship requires taking a few specific steps under Florida law to make sure all obligations are met and the guardian is properly discharged. Here is more on how to properly close a Miami guardianship after the ward reaches age 18. This…

Guardianship documents in Florida probate serve multiple purposes: protecting vulnerable beneficiaries, managing inheritances for minors, and honoring the deceased’s wishes for their dependents’ care. Personal representatives must understand how these documents interact with estate administration to fulfill their duties while respecting family dynamics. This situation feels complex, but Florida law provides a clear and protective…

When a minor receives money or property exceeding $15,000 in Florida, the law has built-in protections to ensure the funds are managed responsibly until the child reaches adulthood. This is where the concept of a guardianship of the property comes into play. But what exactly does that mean, and how does obtaining guardianship of a…

Guardianship documents are essential in estate planning and can help streamline the probate process by preemptively addressing the care of individuals unable to manage their own lives. These documents provide clarity and reduce the likelihood of disputes or delays during probate. Whether protecting a minor’s welfare or overseeing the assets of an incapacitated person, these…