St. Petersburg Guardianship Attorney
A guardianship in Florida is a legal arrangement where a court-appointed guardian manages the affairs for a minor or an adult who cannot make these decisions themselves. Guardianship issues arise most often when an aging parent can no longer pay their bills or care for themselves. Once appointed, a guardian is responsible for protecting the ward under their care and for answering questions from the court.
Call Fisher & Wilsey, P.A. to talk with a St. Petersburg guardianship attorney. Our firm can help anyone seek guardianship or possibly even fight a guardianship if you do not believe you need one. Obtaining experienced legal help is the best first step.
Overview of Guardianship
A guardianship is sometimes voluntary, especially where an adult realizes they are slipping mentally and need the assistance of a trusted friend or relative. But many guardianships are involuntary, which require a judge finding the potential ward is incapacitated.
The attorneys at Fisher & Wilsey can help clients with a variety of issues regarding guardianship:
- Filing a petition for guardianship.
- Defending against an unnecessary guardianship.
- Solving disputes involving the ward or guardian.
- Helping guardians comply with Florida law.
- Asking a judge to remove a guardian and appoint someone else.
A common situation involves an adult child coming to our office with concerns about a parent. Older individuals, as well as those with Alzheimer’s or terminal illnesses, are vulnerable to exploitation. They also cannot manage their daily affairs as well as they used to. Often, adult children are concerned about a parent’s living condition deteriorating. They want to know what to do.
Our firm guides clients through the legal process for determining incapacity, which will require the participation of the courts. A judge will need to rule on whether a guardian should be appointed if an adult does not voluntarily agree.
Other common situations involve children who are unhappy with the currently appointed guardian, who they believe has exceeded their authority or failed to act in the ward’s best interest.
Limited or Plenary Guardianship
Some wards retain an ability to make decisions, so Florida law recognizes different guardianships:
- Limited guardianship. The guardian has control over certain areas, such as financial decisions. The ward retains power over the remainder.
- Plenary guardianship. The guardian has full control over the ward’s financial, personal, and other choices.
Do not assume a judge will readily sign off on a request for plenary guardianship. In fact, some potential wards push back and resist any guardianship being imposed. They are entitled to have a hearing on the matter and present evidence.
Our firm can help concerned children determine whether a limited guardianship is more appropriate under the circumstances.
Call Fisher & Wilsey Today for Assistance
Because guardians have so much power, Florida has created certain guardrails, including judicial oversight. A judge needs to sign off on the guardianship and can dismiss a guardian who is shirking their duties.
No one should seek guardianship on their own or by using pre-printed forms they find on the internet. Instead, get the experienced legal help you need by calling our office to speak with a St. Petersburg guardianship attorney.
