West Palm Beach Guardianship Attorney

Guardianship is a legal relationship established by the court when an individual can no longer manage their personal or financial affairs due to incapacity. In Florida, this often impacts elderly individuals suffering from conditions like dementia, Alzheimer’s, or other impairments that hinder their ability to make sound decisions. At Kitroser Lewis & Mighdoll, our lawyers assist families throughout Martin and Palm Beach County in establishing guardianships for their elderly loved ones, ensuring their needs are met and their rights protected.

How Does Guardianship Work?

In a guardianship, the court appoints a guardian to take responsibility for the incapacitated person, known as the “ward.” The guardian may be granted authority over personal decisions, financial management, or both, depending on the ward’s needs. While guardianship serves as a protective measure, it is a court-supervised process that can be time-consuming and costly. Therefore, it’s essential to explore alternatives, such as incapacity planning, before a crisis arises.

Incapacity Planning: Avoiding the Need for Guardianship

Incapacity planning allows elderly individuals to outline their preferences for healthcare, living arrangements, and financial management while they are still capable of making decisions. At Kitroser Lewis & Mighdoll, we assist clients in developing comprehensive incapacity plans to minimize the need for guardianship. Key tools include:

Durable Power of Attorney: This document appoints a designated person, known as the agent, to make financial decisions on behalf of the elderly individual if they become unable to manage their finances. This helps avoid the need for a court-appointed guardian.
Healthcare Surrogate Designation: This document allows a trusted individual to make healthcare decisions if the elderly person becomes incapacitated, reducing the likelihood of needing guardianship for medical choices.
Living Will: A living will specifies an individual’s wishes regarding end-of-life care, ensuring that preferences for medical treatment are honored when they can no longer communicate these decisions.

By utilizing these incapacity planning tools, families can ensure that the elderly individual’s desires are respected while avoiding the complications of a court-supervised guardianship process.

When Is Guardianship Necessary?

Even with thorough incapacity planning, guardianship may become necessary in certain situations, such as:

If an elderly person has not executed the appropriate legal documents and becomes incapacitated, a guardianship proceeding may be needed to grant someone legal authority to make decisions on their behalf.
When disputes arise among family members over the care of an elderly loved one or when there are concerns about the individual’s safety or financial well-being.

At Kitroser Lewis & Mighdoll, we recognize the emotional challenges involved in these situations and our attorneys are experienced in guiding families through the guardianship process, ensuring that the best interests of the elderly person are upheld.

How We Can Help

We provide personalized and compassionate legal assistance throughout the guardianship process. Our services include:

Drafting Incapacity Planning Documents: We help create durable powers of attorney, healthcare surrogate designations, and living wills to ensure your loved one’s preferences are honored.
Guidance on Guardianship Necessity: If guardianship cannot be avoided, we offer practical advice and skilled representation to ensure the process is handled efficiently and respectfully.
Court Representation: If a guardianship petition is needed, we will represent your family in court to protect your elderly loved one’s interests.

If you are concerned about the well-being of an elderly family member or wish to establish a plan to avoid guardianship, the experienced estate planning attorneys at Kitroser Lewis & Mighdoll can help. We work with families throughout Martin and Palm Beach County, to develop comprehensive incapacity plans and guide them through the guardianship process when necessary.

Call us today at 561-721-0600 or contact us online to schedule a consultation and learn how we can assist with your guardianship and estate planning needs.