Ocala, FL Guardianship FAQs
Frequently Asked Questions: Florida Guardianship
McGraw, Rauba & Mutarelli provides legal consultation for the different types of guardianship in the state of Florida. Here are answers to some common questions pertaining to naming a guardian.
Is there a difference between a Guardianship and a Guardian Advocacy?
Yes. When an individual becomes incapacitated (due to an injury or other unfortunate circumstance), he/she becomes a ward. The ward’s business, health, financial and legal matters will need to be supervised and handled during the ward’s incapacitation. In these types of cases, a Guardianship may be assigned so that a trustworthy individual is able to handle the ward’s person and property.
A Guardianship Advocacy, on the other hand, is appointed to individuals who suffer from severe handicaps or disabilities that prevent them from basic cognitive and physical functionings. Common examples may include mental retardation and cerebral palsy. In order for a Guardianship Advocacy to be established, medical proof must be submitted.
Whether you need a Guardian or a Guardian Advocacy, you will certainly need the experience and guidance of an Ocala guardianship attorney.
Why would I need to establish a Pre-Need Guardian?
A Pre-Need Guardian is a guardian that is declared by a ward before he/she becomes incapacitated. Establishing a Pre-Need Guardian allows you to protect yourself and your property early on. For assistance with establishing a Pre-Need Guardian, consider hiring a guardianship lawyer in Ocala, FL.
My father does not have a Power of Attorney or Health Care Surrogate. If he becomes incapacitated, who will handle his legal and health concerns?
A Power of Attorney (POA) is a legal document that appoints a representative to manage one’s affairs, including business and financial transactions, when an individual is unable to tend to these matters on his/her own. A Health Care Surrogate serves as a health care representative. This individual often approves treatment plans and signs medical consent forms on the ward’s behalf.
If your father has an illness, is over the age of 65, or is at risk for a lower life expectancy, then he should begin appointing such representatives. If your father becomes incapacitated without them, the court will appoint qualified individuals to handle your father’s legal and health concerns. Although these representatives may not have been hand selected by your father, you should trust that courts take appointments seriously and will assign a POA and Health Care Surrogate who are responsible, capable and trustworthy.
How does the roles of a Plenary Guardian and a Limited Guardian differ?
A Plenary Guardian has total, full and comprehensive duties and rights to a ward’s person and property. A Limited Guardian, on the other hand, may only handle affairs that he/she is specifically assigned.
What is the process of naming a Guardian for my minor child in the event of my passing?
The first thing that you should do is to carefully consider the qualities that you want your Guardian to possess. If you have someone in mind, ask the individual how he/she feels about serving as a Guardian to your children in the event of your passing. This is beneficial because in some cases, appointed Guardians may decline their powers at a later date if they are uncomfortable with delivering the required tasks. Upon obtaining approval from your desired Guardian for your minor child, visit our guardianship and advocacy law firm in Ocala, FL. By working with our attorneys, you can draft a proper and effective will or trust that will be upheld after your passing. These documents should then be submitted to a court of law.
Is it possible to make decisions on the behalf of my developmentally disabled child once he/she reaches adulthood?
Yes. If you desire to govern decisions on the behalf of your developmentally disabled child beyond adulthood, you will need to establish Guardianship Advocacy.
Is it really necessary to become a guardian in order to collect my minor children’s proceeds from an inheritance?
Yes. If your minor children are named in a will, there is a high likelihood that there has been some sort of probate process of an individual’s estate. These types of proceedings require careful and specific laws that must be adhered to. Becoming a guardian provides you with the power and right to review, manage and discuss a child’s financial affairs, including inheritances.
To schedule a consultation regarding Florida Guardianship, contact guardianship and advocacy attorneys at McGraw, Rauba & Mutarelli today.