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Clearwater Estate Planning & Probate Attorney > Dunedin Guardianship Attorney

Dunedin Guardianship Attorney

We all like to believe that we are always in control of ourselves and our finances. Unfortunately, there may come a time when you no longer have the physical or mental capacity to manage your own affairs. When that happens, it may be necessary for a Florida court to place you in a guardianship.

Even persons under a guardianship, however, have certain due process rights that must be respected. So whether you are looking to establish a guardianship for a loved one, or you are the subject of a guardianship proceeding, it is important that you seek out competent legal advice. Dunedin guardianship attorney William Rambaum is a Florida Bar Board Certified Elder Law Specialist with over 35 years of experience in assisting clients involved in these kinds of proceedings. He can listen to your story, answer any questions you may have, and represent you in formal guardianship proceedings before a judge.

When Is a Florida Guardianship Necessary?

A Florida guardianship may be established for either a child or an incapacitated adult. In the case of a child, a court will need to appoint a guardian if none of the child’s parents are able to fill that role. More limited child guardianships may be necessary for a specific purpose, such as managing an inheritance or property received by the child.

In the case of adult guardianships, a competent adult can actually request, or consent to, the appointment of a voluntary guardian if they feel it is necessary. Otherwise, any interested person may file a petition with a judge to determine whether or not an adult is “incapacitated” and in need of a guardianship.

Once a Florida court receives such a petition, it must appoint a three-member examining committee composed of qualified health care experts to assess the allegedly incapacitated adult’s mental and physical condition. Based on the experts’ findings, the court may then proceed to hold a formal hearing. The court can decide a person is either totally or partially incapacitated. If there is any degree of legal capacity, the court will then appoint a guardian unless there is some less-restrictive alternative to adequately address the incapacitated person’s situation.

A guardianship can apply to the ward’s person and/or property. A guardian of the property oversees the ward’s finances, real estate, and other assets. A guardian of the person exercises certain legal rights that have been removed from the ward, such as providing for their own housing, medical, and personal care services. Guardians must file annual reports with the court and can be held accountable for neglecting their duties or abusing their authority. The court can remove a guardian and appoint a new one, or, if the ward’s condition improves to the point where they are no longer considered incompetent, the guardianship can be terminated.

Contact Dunedin Guardianship Attorney William Rambaum Today

Both potential wards and potential guardians will benefit immensely from working with an attorney who is experienced in Florida guardianship matters. If you need to speak with a Dunedin guardianship lawyer about your situation, call attorney William Rambaum today at 727-781-5357 to schedule an appointment.

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