Florida is like other states in the country in that it allows for one to designate a guardian on their behalf or for others to seek a guardianship when no designation has been made. Guardianships (known as “preneed guardianships” in Florida) are not something the Court takes lightly as they grant one authority to make decisions on another’s behalf. If you are seeking such an arrangement then it is important that the matter be handled correctly. Lindsey Gardner Shneyder is a Melbourne lawyer assisting with guardian designation. Contact our office today to schedule an initial consultation.
Melbourne lawyer assisting Florida residents with establishing an adult guardianship
There are times when individuals are not able to make decisions on their own behalf. This can be due to illness, incapacity, or injury. In these types of situations, an individual may apply to be a guardian on behalf of another. This permits a Court to grant authority for decision making regarding healthcare, residency, and financial issues depending on the circumstances. Courts view guardianship requests with a high level of scrutiny as it means taking liberty away from one person and granting authority to another.
A preneed guardian is often named in a living will. There are times, however, when no such instrument was prepared. In such a situation, one may Petition the Court for guardianship. The Court will consider factors such as the Petitioner’s relationship with the individual, trustworthiness, age and maturity, and more. One may not serve as a guardian if they are a minor, a convicted felon, if they have a recent bankruptcy, have a history of violence, etc. If the guardianship is granted the Court will not give more authority than what it deems necessary. How the Court will structure a guardianship will always depend on the specific facts of the case.
Lindsey is a Melbourne lawyer who assists with obtaining a preneed guardianship. She will use your initial consultation to gain an understanding of the situation and to help you understand what it is you should expect from the process. She will file any necessary Petitions as soon as possible and will represent you until the guardianship is terminated. Our firm understands the stress that arises from such situations and we are here to guide you through the process. Contact us online or by telephone today.
Estate planning attorney assisting Florida residents with the designation of a Guardian
As stated above, guardian designation is often handled through a living will. This is an effective part of estate planning. Lindsey is able to assist with the creation of a living will as part of a larger estate plan. Other aspects of the plan can include a last will and testament, a living trust, and other necessary instruments. If you need assistance with preparing for the future then contact us today to speak with our attorney.
In addition to Melbourne, our office also services Florida clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid. We are also able to virtually work with clients throughout the state.