Tampa Guardianship Attorney
Our Tampa guardianship attorneys can help when it may be necessary for a court to appoint someone to make personal or financial decisions for a person. This person is called a “guardian.” The person for whom a guardian is appointed is called a “ward.” Obtaining a guardianship can have serious consequences, but in many case it can also be what is in the person’s best interest. We can help you weigh the pros and cons of guardianship and help you through the process if you decide seeking a guardianship is the best course of action.
Types of Guardianship in Florida
Our Tampa guardianship attorneys can help you obtain both adult and child guardianships, as well as both voluntary and involuntary guardianships. According to Florida law, child guardianships are mandatory where a child’s parents either die or become incapacitated. A child guardianship is also required where a child receives an inheritance or proceeds of a lawsuit or insurance policy that exceed a certain statutory amount.
Adult guardianships can be either voluntary or involuntary guardianships. Voluntary guardianships can be established with the ward’s consent where he or she is mentally competent but is incapable of handling his or her own affairs. As a general rule the least restrictive form of guardianship that will be effective is favored.
Our Tampa Guardianship Attorneys Will Explain the Guardianship Process
In the case of voluntary adult guardianships, the person who will become a ward can petition for the guardianship on his or her own behalf. In the case of involuntary guardianship proceedings, any adult can file a petition seeking guardianship. That person has to explain in the petition why they believe the guardianship is necessary and the basis of that belief. Then the court will appoint a committee of three members who have knowledge of the type of incapacity alleged in the petition. The committee will create a report for the court. The incapacitated person will undergo an examination that includes physical, mental, and functional components. The potential ward will be appointed an attorney. If the majority of the committee determines that the potential ward is not incapacitated, then the petition will be dismissed. However, if the committee finds any sort of incapacity, the court will hold a hearing on the case. If the judge finds that the person is in fact incapacitated, then he or she will appoint a guardian unless other less restrictive means can address the incapacity.
Our Full Service Legal Practice Can Help You With Related Legal Issues
Our Tampa guardianship attorneys do not limit their practice to family law. Depending on what a ward’s affairs entail, a guardian may need advice regarding business dealings, family law matters, and estate planning matters. To that end our attorneys have established a broad practice area that covers all of these interrelated areas of law.
Call Our Tampa Guardianship Attorneys
If you think you may have to establish a guardianship, you will need the help of an experienced guardianship attorney. If you are in the Tampa area we would love to help. Call Bubley & Bubley, P.A. today at (813)963-7735 for an initial consultation on your case.