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Palm Beach County Estate & Probate Attorneys / Palm Beach County Guardianship Attorney

Guardianship for Elderly Persons in Palm Beach County

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 affects elderly individuals suffering from conditions like dementia, Alzheimer’s, or physical impairments that prevent them from making sound decisions about their health, finances, or personal care. At Kitroser Lewis & Mighdoll, our Palm Beach County guardianship lawyers help families in North Palm Beach and throughout Palm Beach County establish guardianships for their elderly loved ones, ensuring that their needs are met and their rights are protected.

How Does Guardianship Work?

In a guardianship, the court appoints a guardian to take responsibility for an incapacitated person, known as the “ward.” The guardian can be granted authority over personal decisions, financial management, or both, depending on the ward’s needs and level of incapacity. While guardianship is an effective tool to protect vulnerable adults, it is a court-supervised process that can sometimes be time-consuming and expensive. That’s why it is essential to explore alternatives, like incapacity planning, before a crisis occurs.

Incapacity Planning: Avoiding the Need for Guardianship

Incapacity planning allows elderly individuals to establish their preferences for healthcare, living arrangements, and financial management while they are still able to make decisions. At Kitroser Lewis & Mighdoll, we help clients develop comprehensive incapacity plans that minimize the need for guardianship by appointing trusted family members or friends to take on key decision-making roles if they ever become incapacitated. Some key incapacity planning tools include:

  • Durable Power of Attorney: This document allows a designated person, known as the agent, to make financial decisions on behalf of the elderly individual if they are no longer able to manage their finances. By executing a durable power of attorney, elderly persons can avoid the need for a court-appointed guardian over their financial matters.

  • Healthcare Surrogate Designation: This document appoints a trusted individual to make healthcare decisions if the elderly person becomes incapacitated. This reduces the likelihood of guardianship being necessary to make critical medical choices.

  • Living Will: A living will allows an individual to specify their wishes regarding end-of-life care. This document can be crucial for ensuring that one’s preferences for medical treatment, such as life-sustaining measures, are honored if they can no longer communicate these decisions themselves.

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

When Is Guardianship Necessary?

Even with careful incapacity planning, guardianship may still become necessary in certain circumstances. For example, if an elderly person has not executed the appropriate legal documents and becomes incapacitated, a guardianship proceeding may be required to grant someone the legal authority to make decisions on their behalf. Additionally, guardianship can be necessary when disputes arise among family members over the care of an elderly loved one or when there are concerns about the person’s safety or financial well-being.

At Kitroser Lewis & Mighdoll, we understand how emotionally challenging these situations can be. Our attorneys are experienced in guiding families through the guardianship process in Palm Beach County and can help ensure the elderly person’s best interests are upheld at all times.

How We Can Help

The attorneys at Kitroser Lewis & Mighdoll are here to provide personalized and compassionate legal assistance throughout the guardianship process. Our legal team can:

  • Assist in drafting incapacity planning documents: We help clients create durable powers of attorney, healthcare surrogate designations, and living wills that ensure their preferences are honored.

  • Provide guidance on whether guardianship is necessary: In cases where guardianship cannot be avoided, we provide practical advice and skilled legal representation to ensure the process is handled efficiently and respectfully.

  • Represent you in court: If a guardianship petition is needed, we will represent your family in court and ensure that your elderly loved one’s interests are protected.

Contact Kitroser Lewis & Mighdoll for Guardianship Assistance in Palm Beach County

If you are concerned about the well-being of an elderly family member or want to establish a plan in advance to avoid guardianship, the experienced estate planning attorneys at Kitroser Lewis & Mighdoll can help. We work with families throughout Palm Beach County, including North Palm Beach, Boca Raton, and Boynton Beach, to develop comprehensive incapacity plans and, when necessary, guide them through the guardianship process. Call our office today at 561-721-0600 or contact us online to schedule a consultation and learn more about how we can assist with your guardianship and estate planning needs.