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 Kathy D. Sheive Attorney at Law by calling 407-624-5993 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 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 Kathy D. Sheive Attorney at Law by calling 407-624-5993 or by using our online submission form.