Guardianship
What do you do if a loved one becomes incapacitated and can no longer care for themselves?
The State of Florida has a system of determining incapacity for individuals that is triggered by a petition for incapacity, and petition for guardianship. It is a court-controlled process that is expensive involving attorneys for both the guardian and for the alleged incapacitated person for court hearings and court filings, court filing fees, and annual accounting reports, and annual guardianship reports. Even if the family is in agreement with having a guardian named for their loved one, the Judge may appoint a professional guardian who will have their own attorney for your loved one. The alleged incapacitated person may have some or all of their rights taken away, and it is the alleged incapacitated person who pays for all the costs involved, which can be a tremendous burden quickly.
Ideally, through pre-need planning, and drafting of testamentary documents, yourself or your loved one will have a well drafted Durable Power of Attorney and Health Care Surrogate documents that vest authority in a fiduciary to : contract, to sue and defend lawsuits, to apply for government benefits, to manage property or to make any gift or disposition of property, to determine residence, to consent to medical or mental health treatment, and to make decisions about his or her social environment or other social aspects of his or her life, so that a guardian appointed through the courts is not needed.
Legacy Matters, P.A. represents guardians in their care and oversight of the alleged incapacitated person, who once determined to be incapacitated is named the Ward. Legacy Matters, P.A. also represents clients who believe that their loved one should not be under guardianship and who have avoided a court-imposed guardianship based on their testamentary documents.
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