Guardianship FAQs

Get Answers on Florida 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.

How is Guardianship and a Guardian Advocacy different?

Guardianship is the legal act of one individual’s supervision of another’s assets, property and person. A person who is unable to make decisions on their own due to mental incapacity is known as a ward. He/she may be assigned a guardian to assist with everyday needs, especially those pertaining to business, estate and financial matters. In order for guardianship over a ward’s person or property to be obtained, the ward’s mental incapacity must be proven in a court of law.

On the other hand, a guardian advocacy allows guardians to care for the needs and property of individuals with developmental disabilities that prevent individuals from being self-sufficient. Common disabilities eligible for guardian advocacy may include autism, cerebral palsy, and other severe handicaps. A guardian advocacy is not limited to minors.

If you are interested in gaining guardianship or guardian advocacy on behalf of another individual, you may wish to speak with a guardianship attorney in Boca Raton, FL. There are factors that you should consider and evaluate before pursuing any type of guardianship.

What is the purpose of a Pre-Need Guardian?

The purpose of a Pre-Need Guardian is synonymous to the goals of obtaining insurance. There is no way to know if or when you may become incapacitated. While the majority of guardianships arise due to the increasing needs of aging citizens, other individuals require guardianship because of sudden accidents, traumas, and disabilities. By declaring a Pre-Need Guardian with the appropriate level of court before you become mentally incapacitated and incapable of handling personal and financial matters on your own, you can trust that your concerns will be met. An early “investment” will protect your future.

Visit our Boca Raton family law firm to discover how this process works.

How do the roles and responsibilities of a Plenary Guardian and a Limited Guardian differ?

A Plenary Guardian has full comprehensive coverage, rights and responsibility over a ward and a ward’s property. He/she is able to make governing decisions on behalf of the ward.

A Limited Guardian has limited coverage, rights and responsibility over a ward and a ward’s property. In fact, limited guardians are usually assigned specific areas of control and supervision. For example, a limited guardian may be appointed to handle an individual’s business during his/her medical emergency.

In preparation of my passing, how will I be able to name a guardian for my child?

Life is unpredictable and you may never know when a guardian may be necessary. We recommend working with family lawyers in Boca Raton, FL today. While you have the means and capacity to do so, begin filing paperwork (trusts, wills, court documents, etc.) that name a guardian for your child in the event of your passing. By doing this, you can rest peacefully knowing that your children will be safe and that their needs will be met.

Is it possible to make decisions for my developmentally disabled child when he/she reaches the age of 18?

Yes. If you obtain guardianship advocacy over your developmentally disabled child, you will have the power to make decisions on behalf of him/her well into adulthood.

Why do I have to become a guardian in order to collect the proceeds of my minor child’s inheritance?

This is simply how inheritances work. Inheritances involve complex legal procedures and binding contracts. If your child’s name is addressed as a heir to property or assets, then only that particular child is entitled to such property or assets. You must become a guardian in order to collect the proceeds of your child’s guardian so that you have the legal right/claim to be involved in your child’s financial matters.

If you desire to obtain guardianship over your disabled loved one, or if you wish to name a guardian to secure your assets and property in the future, be sure to visit the Law Offices of Theodore Enfield for a free initial case evaluation.

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