Choose a Quality Guardianship Attorney in Bradenton, FL

Legal Representation for Guardianship Matters

A conservatorship is referred to as guardianship in the state of Florida and offers a legal avenue for managing the financial affairs of someone unable to make decisions for themselves. At Knowles, Bouziane & Shaffer Law, LLC our experienced attorneys can help clarify its implications and determine its suitability for your situation.

Understanding Conservatorships and Guardianships

In the state of Florida, guardians, known in other states as conservators, assume responsibility for overseeing the personal and property rights of an incapacitated person, referred to as a ward. Their duties encompass tasks such as setting budgets, managing assets, paying bills, making investments, filing taxes, and handling lawsuits. Given the complexity of these responsibilities, our local attorneys at Knowles, Bouziane & Shaffer Law, LLC can provide guidance and support.

Types of Guardianships

There are several different types of guardianship authorized by statute in the state of Florida.  The several types of guardianships include:

• Adult Guardianships of the Person and/or Property
• Emergency Temporary Guardianships
• Guardianship Advocacy for the Developmentally Disabled
• Minor Guardianships of the Person and/or Property

The skilled attorneys at Knowles, Bouziane & Shaffer Law can help guide you through the complicated process of deciding what type of guardianship is most appropriate for your loved ones.

Appointing a Guardian in Bradenton, Florida

In Florida, only a state circuit court possesses the authority to appoint a guardian. The court must ascertain that the adult lacks the mental capacity to make certain personal and financial decisions. Additionally, conservatorships may apply to adults who cannot communicate their financial preferences.

Establishing a guardianship in Bradenton, FL involves multiple steps, which can be intricate. Knowles, Bouziane & Shaffer Law, LLC attorneys are equipped to guide you through this process. During our complimentary consultation with a guardianship attorney in Bradenton, FL, we will meticulously outline these steps.

Step 1: Filing a Petition for Guardianship or Guardianship Advocacy

The initial step in creating a guardianship necessitates filing the appropriate petition to determine the incapacity of a person and subsequently appoint a guardian. The petition alleges the basic factual and medical basis for seeking the guardianship.  Depending on the type of guardianship, the court will appoint a panel of three medical professionals to examine the person’s mental capacity. In all guardianships, the court will also appoint legal representation for the minor, incapacitated, or disabled person.

Step 2: Guardianship Final Hearing

Following the submission of your petition, the court schedules a hearing. During this proceeding, you and your legal counsel will field questions from the court regarding your guardianship request. The alleged incapacitated person has the right to attend the hearing with their court-appointed counsel. The relevant medical and psychological evidence is litigated by the parties and the court makes an ultimate determination of whether a guardianship is necessary. 

Step 3: Ongoing Guardianship Requirements

If the court finds that a guardianship is warranted, then letters of guardianship and an order appointing guardian are filed by the court. However, being appointed as a guardian does not conclude the process. You must regularly update the court on the status and care plan of the ward. For example, you must submit an initial asset inventory after your appointment, detailing the ward's assets and your property management plan. Additionally, the guardian must provide the court with a written annual guardianship plan that outlines the care plan for the ward. The guardian must provide annual accountings and reports to the court as long as the guardianship exists.

Your Next Step – Consult Our Legal Team

Establishing a guardianship is a complex endeavor, particularly without legal guidance. If you are considering making financial decisions on behalf of a loved one, we invite you to schedule a consultation with a dedicated guardianship attorney in Bradenton, FL at Knowles, Bouziane & Shaffer Law, LLC.