Helping A Loved One Through Guardianship
When a loved one is struggling, you may be concerned about them. Is he or she taking care of themselves? Are they taking their medicine and eating enough? What if they fall? In order to make decisions on behalf of an adult in Florida, you must either have a durable power of attorney or be a health care proxy of some sort. Otherwise, you may consider petitioning the court for guardianship over the person, known as a “ward.”
At Wyrough Law Firm, we know that deciding to become someone’s guardian is no simple matter and not an easy decision to make. With more than 20 years of legal experience, however, our head attorney, William Wyrough, will walk you through all the steps necessary to become a guardian so you can make an informed decision about the right path for you and your family.
When Should You Seek Guardianship?
Only a court can decide if your loved one should have a guardian. According to Florida law, guardianship is appropriate in situations where an elderly person’s ability to make decisions has degraded so far that the courts conclude that they must appoint someone else to make those decisions. The law allows a guardian only when they have no other options provided by advance estate planning, such as a power of attorney or health care surrogate. Guardianship allows you to make decisions regarding the person when they are present. If you cannot locate a loved one and you need to handle their assets, you must file for a conservatorship.
A guardianship can be voluntary or involuntary, depending on the capability and attitude of the elderly person. Guardianships are very sensitive issues. It is hard on the elderly person, and on the family members who often feel pressed to make this decision for the physical and financial safety of the elderly person. Sometimes family members disagree about the right way to handle the matter or who should serve as the guardian. Our thoughtful and compassionate guidance can help you navigate the difficult issues that arise during this process.