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Types of Guardianship


There are numerous circumstances that may cause parents or other authorities to place someone else in charge as another person’s guardian.

Under Florida law, there are two different kinds of guardianship roles. The first, involves guardians for minor children and the other concerns adults that are incapacitated. For children, a guardian is assigned responsibilities comparable to those that the birth parents or parents of adoption would have. On the other hand, guardians of incapacitated adults role depends on the specific requirements of the adult in need and can involve a wide-range of responsibilities.

Guardianship for Minor Children 

In the State of Florida, parents are inevitably granted the guardianship for their children. Fathers that do not have parental rights, will first be required to establish paternity.

In cases where parents die or are unable to carry out their guardianship roles, the state will be obligated to appoint another guardian. If the child was left an inheritance or assets resulting from a lawsuit with property worth more than $15,000, guardians can be chosen just for the child’s property. As long as the child has the mental and physical competences to manage their responsibilities, the guardianship will terminate when the child reaches the age of 18. 

Parents have the option of naming a guardian in their will. Guardians named in the will are the default selection of courts in Florida. As long as the named guardian is competent and able to execute the applicable responsibilities. Surviving parents also have the option of appointing a guardian in situations where they want to give up guardianship during their lifespan. 

Guardianship for an Incapacitated Adult

Adults are deemed to be incapacitated in cases where they fail to have the mental or physical competences to take care of their safety, personal health or property. Often adults are considered incapacitated if they are in a coma, receive a diagnosis for dementia., or in various other situations.

The court chooses a panel of doctors and experts in order to decide if the person is capable of caring for themselves. A petition to determine incapacity is required to be filed, before the process begins. Petitioners typically hire lawyers to assist with the process. The petition to appoint a guardian is filed, at the time the adult is deemed incapacitated.

It is worth noting that Florida law views adult guardianship as a last resort. Courts may first try alternatives, including durable power of attorney, trust, health care surrogate or other directives.

Don’t Hesitate to Contact a Skilled Family Law Attorney 

The Law Offices of Steve W. Marsee can help advise you on guardianship. Our team has vast knowledge regarding guardianship laws as well as wide-ranging court experience.

It is vital that you select a qualified attorney to better assist you. We understand that guardianship can be a complex process and we are here to back you every step of the way.

The experienced Orlando family law attorneys at the Law Offices of Steve W. Marsee are here to assist you successfully setup a guardianship. You can count on our qualified team to tenaciously represent your interests. Call today at 407-521-7171 or contact us online to discuss your guardianship options more in-depth.




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