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Clearwater Estate Planning & Probate Attorney > Palm Harbor Guardianship Attorney

Palm Harbor Guardianship Attorney

While nobody likes having other people make decisions for them, as a matter of law there are times where it is necessary for a Florida court to appoint a guardian who can act in someone else’s best interests. Guardianships may be appointed for both minors and adults, and guardians are expected–and required–to act in the best interest of their wards. During this process, both the potential guardian and the potential ward are entitled to seek representation from a Pearl Harbor guardianship attorney.

Attorney William Rambaum is a Florida Bar Board Certified Elder Law Specialist who has been representing clients involved in guardianship proceedings for over 35 years. He understands the difficult emotional, financial, and legal issues involved in a guardianship. That is why he offers professional, yet compassionate advice to clients who are simply trying to make sense of the situation and achieve a resolution that is fair to all of the parties involved.

How Guardianships Work in Florida

With respect to minors, Florida law starts with the presumption that a child’s parents will act as their legal guardians until that child reaches the age of 18. If both parents have died or are no longer caring for the child, however, a Florida judge can appoint a guardian to manage the child’s affairs. In many cases the guardian will be a person nominated by their parents. There are also situations where a court-appointed guardian may be necessary to represent the minor’s interest in a legal or financial matter, such as managing an inheritance.

When it comes to adults, a Florida guardianship may be voluntary or involuntary. In a voluntary guardianship, an adult asks the court to appoint–or consents to the appointment of–a guardian to manage their affairs. With an involuntary guardianship, in contrast, another person such as a family member asks the court to appoint a guardian, even if the potential ward objects.

It is important to understand that an involuntary adult guardianship requires more than proof that the potential ward is “bad with money.” Florida law requires a judge to find the adult’s ability to make their own decisions is so impaired that there is no less restrictive alternative than to appoint a guardian. To that end, a court can appoint a “limited guardian,” who is only authorized to make certain decisions regarding the ward or their property.

Contact Palm Harbor Guardianship Attorney William Rambaum Today

Guardianships should always be seen as a last resort. In most cases, the need for an adult guardianship in Florida can be avoided through careful advance estate planning, which allows a competent adult to name agents to act on their behalf should they later become incapacitated. Our Florida Board Certified Elder Law Specialist will be happy to review the law in this area with you and advise you in any potential guardianship matter that involves you or a loved one. Call the offices of William Rambaum today at 727-781-5357 to schedule an appointment.

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