Make Crucial Decisions Now
There may come a time when you cannot make crucial decisions for yourself. You want someone you trust and someone who has been prepared in advance to make those decisions for you. Only by planning ahead can you appoint the person of your choosing to make those decisions. That person will know without any doubt what your personal preferences are.
Guardianship is a relationship in which a court-appointed person or agency has the power to make decisions for an incapacitated person (the ward), because the ward is legally unable to make these decisions. If your loved one needs a guardian and has not previously designated one, the court will appoint one, either from your family or it will choose a professional organization.
You can express your wishes and designate a guardian in advance, while also stating who you don’t want to be your guardian, and your preferences regarding the decisions to be made.
Kitroser & Associates can assist you with many types of guardianships:
- Appointment of agent for a minor child: Both parents are authorized to make decisions regarding their children. However, in the event of an extended vacation, an accident, or some other emergency you can establish ahead of time who will serve as your child’s agent for medical issues. This person can make medical decisions in case of emergency. What parent wouldn’t want this peace of mind?
- Guardianship for elderly persons: When the court determines an elderly person is incapacitated and no longer able to handle some or all of the tasks of daily life without assistance, the court will establish an adult guardianship. We assist in establishing the terms of this guardianship in advance. This ensures the guardian is someone you can trust. Your needs and preferences are communicated through this document.
- Guardian advocacy for the developmentally disabled: In matters concerning developmentally disabled children, Florida provides a less restrictive alternative to guardianship called guardian advocacy. Guardian advocacy addresses the needs of the special needs child in a less restrictive fashion.
- Defense against guardianship in inappropriate circumstances: Sadly, there are some instances when a person will attempt to become guardian for his or her own personal reasons, not in the best interests of the alleged incapacitated person. In these instances, we provide an aggressive defense against this form of exploitation.
- Living Wills: This is a document communicating your preferences regarding invasive medical procedures in end-of-life situations. When you can’t communicate this information, your doctors and loved ones will know what you prefer. We will help you create and implement this essential document.
- Guardianship Litigation: Existing guardianships can be legally challenged and overturned under certain conditions. For example, if a guardian is convicted of a felony such as fraud or embezzlement, they can be deemed by the court to be unfit and removed. If a guardian treats their ward improperly, through financial exploitation or physical abuse, those could also be grounds for removal. At Kitroser & Associates, we have vast legal experience in guardianship litigation and we are committed to protecting and defending vulnerable wards.
We also represent guardians in ongoing guardianship proceedings. Here, we assist with the financial reporting and other requirements to make sure you are complying completely with the statutory requirements of a guardian.
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