The purpose of a
guardianship is to legal petition the court to either appoint an
individual to exercise the legal rights of a physically or mentally
incapacitated person. The guardian may be someone you know and
trust, or chosen and appointed by the court. Who ever guardian may
be, they are legally bound to act only in the interest of the
individual the guardianship has been set up to serve.
A guardianship may be
designed to provide specific authority and responsibilities or to
grant, limit, or restrict authorities in financial or other matters.
If the authority of the guardian has exceeded the terms of their
duties specified by the court, the guardian may be removed by the
court and replaced to ensure the one the guardianship is properly
cared for.
A guardianship may be
set up prior to the need of one, to be enacted only in the event of
incapacitation (the physical or mental inability of an individual to
make the necessary decisions or care for their self).
As a law firm providing experienced Guardianship Attorney - Lawyer
legal services, assisting
Kissimmee,
St. Cloud, and
Osceola County Florida
area
residents with Guardianship and Estate Planning
legal issues, we are committed to
protecting the legal rights of each and every client, while always
striving to provide
the highest standard of legal representation.
Contact
The Law Office of Kathy D. Sheive
by calling
407.944.4010
or by using our
online submission form.
Legally, to show a
state of incapacitation of an individual to the court, a committee
of two or more medical professionals, usually physicians must
examine the individual and agree to the existence of incapacitation,
and report its findings to the court.
The State of Florida
describes Legislative Intent a Guardianship in Florida Statute
744.1012
in the following manner:
The Legislature finds
that adjudicating a person totally incapacitated and in need of a
guardian deprives such person of all her or his civil and legal rights
and that such deprivation may be unnecessary. The Legislature further
finds that it is desirable to make available the least restrictive form
of guardianship to assist persons who are only partially incapable of
caring for their needs. Recognizing that every individual has unique
needs and differing abilities, the Legislature declares that it is the
purpose of this act to promote the public welfare by establishing a
system that permits incapacitated persons to participate as fully as
possible in all decisions affecting them; that assists such persons in
meeting the essential requirements for their physical health and safety,
in protecting their rights, in managing their financial resources, and
in developing or regaining their abilities to the maximum extent
possible; and that accomplishes these objectives through providing, in
each case, the form of assistance that least interferes with the legal
capacity of a person to act in her or his own behalf. This act shall be
liberally construed to accomplish this purpose.
If
you require professional legal services regarding
Guardianship and
Estate Planning
issues, be proactive in
protecting your legal
rights by seeking the legal advice of
an experienced
Kissimmee
guardianship
attorney
- lawyer. Contact
The Law Office of Kathy D. Sheive
by calling
407.944.4010
or by using our
online submission form.
Kissimmee Guardianship Attorney and
Lawyer, providing
experienced
Guardianship and
other Estate Planning
legal services in Kissimmee,
St. Cloud, and
Osceola County Florida.
