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LEGAL GUARDIANSHIP


FAMILY LAW ATTORNEY IN ORLANDO, FLORIDA

In cases in which a person is found to be incapable of caring for their person, property, or both due to their age or a disability, someone else may be appointed as their guardian. Children are usually cared for by their parents, but there are some instances where parents may be unable to care for their child due to death, or physical or mental incapacity. If you are looking to obtain guardianship of a child or of a person with disabilities, it is important to speak with an Orlando family law attorney to learn about different types of guardianship and whether or not you are eligible to become a legal guardian.

TYPES OF GUARDIANSHIP

An individual can obtain limited guardianship, where the ward has the capacity to do some, but not all, of the tasks necessary to care for their person, property or both. Plenary guardianship is when the ward is fully incapable of caring for their person, property, or both and depends on the guardian for all of this. Under these two categories are the following types of guardianship:

  • Natural guardianship
  • Professional guardianship
  • Emergency temporary guardianship
  • Standby guardianship
  • Preneed guardianship
  • Foreign guardianship
  • Resident guardianship of the property of a nonresident ward
  • Guardian advocate for persons with disabilities

HOW TO BECOME A LEGAL GUARDIAN

Guardianship can be obtained through voluntary agreement or through an order of appointment. Voluntary guardianship is when a person who is mentally competent, but physically incapable of caring for their property and estate, agrees to a person becoming the guardian of their property. In cases in which the ward’s guardians demonstrate incapacity to care for their needs, or where an underage or mentally incapable guardian has no guardians, a petition to determine incapacity can be filed, followed by a petition for appointment of guardianship.

WHAT ARE THE DUTIES OF A LEGAL GUARDIAN?

Legal guardians must file an initial guardianship report, as well as an annual guardianship report every year. They must also implement and follow a guardianship plan and regularly consult with other guardians of the same ward (when applicable). It is a guardian’s duty to act on behalf of a ward’s person, property, or both within the capacity outlined by the court.

DISCUSS YOUR CASE WITH AN ORLANDO DIVORCE LAWYER

Are you looking to become a legal guardian? Do you need help figuring out where to start? A family law attorney from Fisher Legal Group can provide the answers that you need! Our firm truly cares for clients and will educate you about each type of guardianship and which are a possibility for you. We will also build a strong case and petition so that you have the highest possible chance of being granted guardianship. We offer a free case evaluation, so don’t wait. Contact us as soon as possible to get started!

Fisher Legal Group

Get your questions answered - Call for a free consultation or assessment of your needs (407) 792-6970.