How Estate Planning In Clearwater Can Help Avoid Guardianships

As you get older, serious illnesses, injuries, and chronic health conditions can have major impacts on your health and your ability to manage your own affairs and maintain your independence. Others may become concerned about your well-being and propose the idea of guardianship. Our Clearwater estate planning attorney explains what you need to know about these proceedings and how putting the appropriate documents in place can help protect you.
Guardianship Proceedings In Clearwater
Under the Florida Statutes, a guardian is a surrogate decision-maker who may be appointed by the court. They make personal and financial decisions on behalf of a minor or adult who is unable to manage their affairs due to mental or physical disabilities. A guardianship can occur on a voluntary basis, but many times it is done involuntarily and in the following situations:
- You suffer a severe injury that leaves you unable to provide for yourself;
- You are diagnosed with a disabling and potentially life-threatening health condition;
- You suffer from dementia or other illnesses that impact your abilities;
- You experience natural declines due to aging, requiring more assistance in performing daily tasks.
Those seeking guardianship must provide evidence in court that you are physically and/or mentally incapacitated and unable to manage your own affairs. These proceedings are part of the public record. The lack of privacy makes a difficult situation more humiliating.
Once you have a guardian appointed by the Pinellas County Court, you become their legal ward. A friend or family member may step forward to serve as a private guardian. This is generally a paid position. If no such person is available or you lack the funds to pay, a bank or other company or corporation may be appointed as a public guardian.
Estate Planning Documents In Clearwater To Prevent A Guardianship
A guardianship can protect vulnerable children and adults. The Florida Courts advise that the least restrictive type of guardianship is preferable, but it still impacts both your civil and legal rights. Fortunately, there are estate planning documents in Clearwater that you can put in place to help prevent it. These include:
- Power of attorney: This authorizes someone you trust to manage your personal and financial affairs in the event you are unable to on your own.
- Health care power of attorney: This authorizes someone you trust to make important medical decisions if you are incapacitated.
- Advance directives: These detail your wishes regarding medical treatment and end-of-life care.
- A trust: This allows for periodic distributions while entitling you to Medicaid services.
To Protect Yourself, Contact Our Clearwater Estate Planning Attorney Today
Having a guardian appointed by the court can be humiliating and may rob you of your rights. William Rambaum, PGA Law has over 40 years of experience helping vulnerable clients in our community and can guide you in the estate planning documents you need. To protect yourself and your rights, contact our office and request a consultation with our Clearwater estate planning attorney today.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0744/0744.html
jud6.org/GeneralPublic/GuardianshipForms.html
flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Guardianship#:~:text=A%20guardian%20is%20a%20surrogate,is%20termed%20a%20%22ward.%22