Switch to ADA Accessible Theme
Close Menu
Palm Beach County Estate & Probate Attorneys / Blog / Guardianship / Palm Beach County Guardianship After an Incapacitating Injury

Palm Beach County Guardianship After an Incapacitating Injury

AgingParent

If your loved one is incapacitated after suffering a serious injury, you may need to take control of their financial and legal needs. The situation may be urgent, especially if you need to gather enough resources for medical expenses. You may also need to hold negligent parties accountable for the injuries your loved one has been forced to endure. Could guardianship in Palm Beach County help in this situation?

Step 1: Check to See Whether the Incapacitated Individual Has a Power of Attorney 

First, it’s worth noting that guardianship may not be necessary if the incapacitated individual has set up something called a “power of attorney.” This estate planning tool designates an “agent” to act on their behalf if they ever become incapacitated. If this document is valid, there is probably no need to seek guardianship. The designated agent simply takes on decision-making authority provided to them in the Power of Attorney.

The agent may make various decisions on the incapacitated individual’s behalf. They might be able to file an injury lawsuit and recover compensation from a negligent party who caused the incapacitating injuries. An agent may also have the authority to sell property to pay for medical costs. In addition, an agent might manage the incapacitated individual’s finances in a general sense, perhaps running their business until they regain the ability to make decisions. Keep in mind that the Agent is bound by the authority given to them in the Power of Attorney document itself.

Determine Whether the Individual Is Truly Incapacitated

 Florida courts do not grant guardianships on a whim. Officials recognize that granting someone complete decision-making authority over an individual requires careful deliberation. Perhaps the most obvious step in this process is to determine whether the individual in question is truly incapacitated.

To begin this process, you will need to file a petition to determine incapacity. This petition is filed alongside your application to become a guardian. Independent parties (appointed by the Judge) will need to evaluate the individual’s condition and determine whether they have the ability to make decisions on their own behalf.

Blood or Marriage Relatives Are More Likely to Receive Guardianship

 You should know that you are more likely to become the new guardian of an incapacitated individual if you are related to them by blood or marriage. Generally speaking, spouses, adult children, or parents of incapacitated individuals tend to pursue guardianship. According to the statute governing preference for guardianship, close family members are preferred over professionals or strangers. That being said, the court may also consider your ability to manage finances, handle legal matters, and meet the unique needs of the individual in question.

 Can a Palm Beach County Guardianship Lawyer Help? 

Palm Beach County guardianship lawyer may be able to help if you need to assist an incapacitated loved one. Kitroser Lewis & Mighdoll understands how daunting and complex these situations may seem. However, you are not alone as you struggle with incapacitating injuries in your family. Reach out today to learn more about the next steps in pursuing guardianship.

Sources: 

flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Guardianship

jud12.flcourts.org/About/Divisions/Probate-Guardianship/Guardianship-Basics

Facebook Twitter LinkedIn