Guardianship

Guardianship allows an individual or their loved ones to request the Court to appoint a surrogate decision-maker to make personal and/or financial decisions for a minor or for an adult with disabilities.

Florida law requires the court to appoint a guardian for minors in circumstances where the parents die or become incapacitated, or if a child receives inheritance or proceeds of a lawsuit or insurance policy exceeding the amount allowed by statute.

Florida law allows both voluntary and involuntary guardianships. A voluntary guardianship may be established for an adult who, though mentally competent, is incapable of managing his or her own estate and who voluntarily petitions for the appointment.

Guardianship
A guardian is appointed by the Court after the Court determines that an individual in unable to make personal and/or financial decisions. Florida sets a high bar to relieve an individual of these rights. Generally, appointing a Guardian requires a two-step process. In the first step, the Court determines whether or not the individual has capacity for decision-making and in the second step, the Court proceeds with process of appointing a guardian.

Guardian Advocate
For individuals with developmental disabilities, a Guardian Advocate is appointed without the determination of incapacity. This significantly alleviates the burden on families already dealing with the challenges of bringing up a child with special needs or a developmental disability.

Durojaiye Law will provide legal representation, assist with creation of the necessary legal documents and filing for guardianship.