Guardianship is a process used in situations in which someone is incapable of exercising personal or legal rights. In this case, this person, known as a ward, is in need of a guardian who will make decisions for them and make sure their needs are met. Guardianship may be necessary in cases involving trauma, illness or mental decline. The process of establishing a guardian can be quite difficult because of complex guardianship laws but the family attorneys at the Law Offices of Theodore H. Enfield, P.A. can help you navigate the system.
When does someone need a Guardian?
In a broad statement, someone needs a guardian when they are unable to take care of himself/herself. More specifically, this refers to when a person is incapable of managing their own property or providing the essential needs for human life. Essential needs may include food, healthcare, shelter, clothing or basic hygiene regimens. If these needs are not met, the incapacitated person may be in danger of serious injury or even death. Therefore, they are in need of a guardian to take care of these responsibilities for them. If you have any questions about what characteristics must be proven in order to establish a guardian, a guardianship lawyer in Boca Raton, FL can help.
How is a person determined to be incapacitated?
In order to be authorized as someone’s guardian, the court must first determine that they are incapacitated. You will begin by providing evidence that they are not capable of taking care of themselves. Then, the court will assign a committee to the case. The committee will be made of three people; one must be a psychiatrist or psychologist and the other two should be some type of informed professional, such as a nurse, psychologist, psychiatrist, nurse practitioner, licensed social worker or registered nurse. This group will examine the person and then submit written reports to court. The judge will also assign a Boca Raton lawyer to defend the alleged incapacitated person. If the court determines the person is not incapacitated in any way, the case will be dismissed. If, however, the judge finds they are, a hearing will be scheduled to conclude the extent of their incapacities and the type of guardian they will need moving forward. Traditionally, it is at this time when a guardian will be appointed. Though it may seem complicated, a Boca Raton, FL family attorney can explain each step of this process to you.
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Guardianship Lawyers in Boca Raton, FL
If you suspect that a friend, parent or grandparent may be unable of taking care of themselves anymore, it is vital that you contact an experienced Boca Raton guardianship lawyer. At the Law Offices of Theodore H. Enfield, P.A., we understand how emotional this process can be for everyone involved. Therefore, we treat every client with compassion and clearly explain each step of the process. Call our office today if you are considering adult guardianship.
Allow the Boca Raton family lawyers at the Law Offices of Theodore Enfield, P.A. to guide you through your concerns regarding Florida guardianship so you can determine if a guardian is right for you.