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Guardianship Litigation

 

A "Guardian" is a person appointed by a court to act as a decision-maker on behalf of a child or an incapacitated adult, known as the "Ward." In establishing a guardianship, the court must determine the best interests of an elderly or incapacitated adult.   The court must evaluate whether there are less restrictive alternatives to guardianship (i.e. power of attorney, health care surrogate, trust) and who is the most appropriate individual to be appointed Guardian.

 

In guardianship proceedings, family members and other individuals often dispute whether a Guardian is necessary and who should be appointed as the Guardian. These disputes often involve allegations of financial, physical, or mental exploitation.

 

The Firm provides the following services to individuals in guardianship disputes:

 

  • Representing the alleged incapacitated person during guardianship proceedings

 

  • Representing parties in the determination of incapacity, the appointment and removal of Guardians, and in proceedings to restore the rights of the Ward

 

  • Assisting the Guardian in complying with accounting requirements such as filing an inventory of the Ward’s assets and a care plan for the Ward

 

  • Representing out of state Guardians with the management of property in Florida

 

  • Working with personal injury attorneys or individuals to establish a guardianship over the property for a minor who is the beneficiary of a settlement

 

  • Working with the Guardian to be discharged at the end of the case (death, age of maturity, restoration of capacity, transfer of guardianship out-of-state)