Palm Beach Gardens Guardianship Lawyers

Protecting Loved Ones Through Legal Care

At Kitroser Lewis & Mighdoll, we understand the importance of ensuring your loved ones are properly cared for when they are unable to care for themselves. Whether planning for the possibility of incapacity in the future or dealing with an emergency, our Palm Beach Gardens guardianship lawyers guide clients through the complex guardianship process, helping you make critical decisions about the future well-being of those who depend on you.

What Is Guardianship?

Guardianship is a legal process where the court appoints an individual, known as a guardian, to manage the personal, medical, and financial affairs of someone unable to do so on their own. This may be necessary when an individual becomes incapacitated due to age, illness, or disability. In Florida, guardianship can apply to both minors and adults, depending on the situation.

When Is Guardianship Necessary?

In many cases, guardianship is sought when an individual has not executed key estate planning documents, such as a durable power of attorney or healthcare directive, or when those documents are no longer sufficient due to unforeseen circumstances. Some common reasons why guardianship may be required include:

Elderly individuals suffering from dementia or Alzheimer’s disease
Adults with developmental or intellectual disabilities who cannot manage their affairs
Minors who need legal representation after the death or incapacitation of their parents
Individuals with severe mental or physical illness who need consistent care

Types of Guardianship in Florida

Florida law recognizes different types of guardianship based on the needs and abilities of the individual in question. Understanding these options can help families and loved ones make informed decisions:

Plenary Guardianship: The guardian has full authority over the ward’s personal and financial affairs. This is usually necessary when the individual is completely incapacitated.
Limited Guardianship: In cases where the individual can still make some decisions, the court may limit the guardian’s authority to only certain areas, such as financial management or medical care.
Guardian Advocate: This type of guardianship is specifically for adults with developmental disabilities and allows the court to grant the guardian specific rights to assist the individual, without taking away all rights.

The Guardianship Process in Palm Beach Gardens

Establishing a guardianship involves several steps to ensure the proposed guardian is acting in the best interests of the individual, known as the “ward.” The process typically includes:

Petition for Appointment of Guardian: The process begins by filing a petition in the appropriate Florida court, detailing why guardianship is necessary and the extent of the guardian’s proposed authority.
Examination and Evaluation: A committee of medical professionals and experts will examine the individual to determine the level of incapacity. Based on their findings, the court will decide whether guardianship is needed and what type of guardianship is appropriate.
Court Hearing: A judge reviews the findings, and both the proposed guardian and the ward (if capable) will have the opportunity to be heard before a decision is made.
Appointment of the Guardian: If the court approves the guardianship, the appointed guardian will assume legal responsibility for managing the ward’s affairs in accordance with the court’s order.

Responsibilities of a Guardian

Once appointed, a guardian is tasked with making decisions in the best interests of the ward. This includes:

Managing the ward’s financial assets and paying their bills
Overseeing healthcare decisions, including medical treatments and living arrangements
Ensuring the ward’s overall welfare, including physical and emotional needs

In Florida, guardians are required to submit periodic reports to the court detailing the ward’s well-being and the guardian’s actions. This oversight ensures the guardian is acting responsibly and within the legal parameters set by the court.

Alternatives to Guardianship

Before pursuing guardianship, it’s important to explore whether less restrictive alternatives are available. In some cases, executing estate planning documents such as powers of attorney, healthcare surrogates, pre-need directives, or trusts may help avoid the need for formal guardianship. For children with developmental disabilities, guardian advocacy offers a less restrictive alternative to guardianship. Our experienced attorneys at Kitroser Lewis & Mighdoll can advise you on these options and help you decide the best course of action based on your unique circumstances.

How Kitroser Lewis & Mighdoll Can Help

Navigating the guardianship process can be a sensitive and emotional experience. At Kitroser Lewis & Mighdoll, we work closely with families throughout Palm Beach Gardens and the surrounding areas to ensure the needs of your loved ones are met with compassion and care. Our team of experienced attorneys provides guidance and support at every step, from filing the initial petition to managing ongoing guardianship responsibilities.

Whether you are seeking guardianship for a loved one or exploring alternatives, our firm is here to provide the legal expertise and personal support you need to make informed decisions.

Contact Us Today for Help With Guardianship in Palm Beach Gardens

If you are considering guardianship for a family member or loved one, contact Kitroser Lewis & Mighdoll today. Our Palm Beach Gardens attorneys are committed to helping you through the guardianship process and protecting the well-being of those who matter most to you.

Call us at 561-72-0600 or complete our online contact form to schedule a consultation.