Jacksonville Guardianship lawyer

Experienced Jacksonville Guardianship attorney Ready To Serve You

Guardianship is a court proceeding in which a judge appoints a person or entity as a guardian to make decisions on behalf of another, called the ward, who is unable to make certain decisions because he or she is either incompetent or is a minor child. The court also appoints guardian advocates for developmentally disabled adults. The guardian may be appointed to manage the ward’s money and property, the ward’s health care, or both. It is highly recommended to consult with a skilled Jacksonville guardianship lawyer in such situations.

Beller Law, PL
4.6
Based on 29 reviews
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FRANK RIZZAFRANK RIZZA
14:20 01 Sep 23
very professional
Dixie Lee AnzengruberDixie Lee Anzengruber
14:10 01 Aug 23
Rebecca is the person you want! 5 stars all around. She was able to educate me on all of the things. Things that I didn’t even think about. She truly cares about people. She went above and beyond. So knowledgeable and worth having on your team! She will be the person I go to in the future if her services are needed again. Thanks Rebecca!
Dave TroppeDave Troppe
09:45 28 Mar 23
Very knowledgeable, professional, and responsive. A+ service- would highly recommend this law firms service!
Scott WagnerScott Wagner
14:01 27 Feb 23
Awesome Professional Experience. Worked infinitely faster than my last lawyer for half the fee and better results. 10/10
Rebeca GrasleyRebeca Grasley
20:09 10 Feb 23
Jordan CalderonJordan Calderon
16:54 09 Sep 21
I had the opportunity to work with both Mina and Rebeccah. Both of them were very responsive, productive, sharks when I needed them to be, but also very personable and easy to consult with. They also kept me grounded and reasonable. This firm isn't cheap, but I felt I got what I paid for. I essentially got everything I wanted in my case. They also went above and beyond communicating with the opposing counsel, ensuring that I was safe and being treated fairly which meant a lot to me.
Joyce CaseJoyce Case
23:24 01 Apr 21
I hired this firm back in December, 2020 for my divorce. The firm was recommend by an employee that works with me. I had my initial consult with Rebeccah and immediately liked what she had to offer. I hired her after the consult. Rebeccah has been fantastic to work with and she always looked after my best interest. She was always available and responded to my questions or concerns very timely. Towards the end of the process, things became quite difficult with my ex and Rebeccah was so very understanding and sympathized with me. I highly recommend this firm/Rebeccah if you have a divorce to work through. I will be using Rebeccah’s services in the near future for my will and additional documents.
Carol CeeCarol Cee
21:49 30 Apr 17
Five Star Plus! Mina came highly recommended to me by several professionals in the Jacksonville area. I was emotionally and financially exhausted by my previous attorney, who was representing me in a long, on going, high conflict divorce. I desparetly need new council. Hiring Mina was the best decision I made. I was impressed by many things about her. Her knowledge of law is is voluminous. Because of that, she was able to address the crucial issues in my case and only those issues. She does not take a circuitous route to rack up attorney fees as my previous attorney did. Mina's knowledge paired with her assertiveness makes her a quick thinker, and an amazing litigator. In the court room, I was so proud that Mina was MY attorney. In addition, Mina cares. She cared about me throughout my case, making me laugh when I wanted to cry. Mina's staff is equally as good. Valerie and Jennie always took time with me and went above and beyond. I am still proud to have had Mina and her staff represent me, and will forever be thankful for their kind and caring deft ability to successfully end my divorce case.
A. GeemailA. Geemail
18:58 08 Sep 14
Mina Bustamante is wonderful. When I first met her, she was wearing blue jeans and eating pretzels but had a fierceness about her. I felt comfortable talking to her but I could tell she would be a pit bull in court, exactly what I needed. Seeing her in action at the temp needs hearing was amazing. It made me so happy I had her on my side. She fought hard and in the end, we were finally able to come to an agreement with the petitioner. I interviewed several attorneys before her, including some very well-known ones in Jacksonville, but Mina seemed to know her facts way better than the others. In all, I adore her and the helpful ladies at her office.
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When Is Guardianship Appropriate?

In Florida, legal guardianship might refer to:

  • Adult guardianship of a minor child
  • Guardianship for adults with mental disabilities
  • Guardianship for adults who have become incapacitated

On this page, we will focus primarily on this last type of guardianship: the authority to make decisions on behalf of another adult who is no longer capable of making decisions for themselves. If you have questions about a specific scenario you’re dealing with, don’t hesitate to contact our Jacksonville guardianship lawyer for advice.

This situation most often arises after serious or unexpected accidents, the rapid onset of dementia or mental disease, or ongoing behavioral health episodes.

In many instances (particularly those involving the elderly), the incapacitated person (i.e., the ward) might have already executed a power of attorney appointment, designated a health care surrogate, or created other instruments appointing someone who can act on their behalf. In those cases, the legal guardianship process may be unnecessary.

But if the ward has not executed those documents or is behaving in a way that harms him or herself financially or healthwise, it’s a good idea to talk to a guardianship litigation law firm in Jacksonville as soon as possible.

Who Can Become a Guardian in Florida?

There are really two answers to this question.

The first pertains to the question of who can file the petition to determine incapacity. Perhaps surprisingly, any adult can petition a Florida court to deem another adult incapacitated. The person does not need to be a relative. However, if the court finds that the petition was filed in bad faith, the petitioner can be held responsible for attorney’s fees and court costs (and those can be significant).

The second pertains to the question of who can actually serve as guardian once incapacity has been determined? Florida law only requires that the guardian be “fit” and “qualified to act as guardian,” and the court is allowed to make that determination at its own discretion. However, the court must give preference to a person who is related to the ward, either by blood or by marriage. If you have questions about your eligibility to become a guardian, contact our Jacksonville guardianship attorney today.

In deciding who can become the guardian in Florida, the court will consider:

  • The relationship between the potential guardian and the ward
  • The ward’s wishes, if he or she has expressed any
  • The guardian’s education level
  • The guardian’s financial ability
  • Evidence of the potential guardian’s character, responsibility, and fitness to serve as a guardian
  • Any other factor the court might reasonably consider relevant

Guardianship of the Person vs. Guardianship of the Property

There are two different aspects of guardianship pertaining to adult wards in Florida.

  • Guardianship of the Person: The ability to make decisions affecting the ward’s personal and legal interests, including medical care, travel, residence, social schedule, etc.
  • Guardianship of the Property: Legal authority over the ward’s assets, including bank accounts, real property (e.g., homes, land, real estate), personal property, stocks, etc. The guardian has a duty to identify the assets, safeguard them, spend them responsibly for the ward’s benefit, and account for them in a report to the court each year. The guardian might also handle lawsuits involving the ward (either brought by or against the ward) and may be able to hire a lawyer from the ward’s assets in those cases.

While a court will often grant both forms of adult guardianship to the same person, there is no requirement to do so. It is possible for one adult to serve as Guardian of the Person and a different adult to serve as Guardian of the Property. Likewise, the court might decide that only Guardianship of the Property is necessary and therefore decline to appoint a Guardian of the Person.

The court also has the authority to grant a limited version of either form of Guardianship, reserving some specific rights for the ward.

The precise determination in your case will depend on the facts and circumstances surrounding the ward’s incapacity. Our guardianship lawyer can help you understand how a court might construe your situation.

Is Adult Guardianship Permanent in Florida?

In many cases, yes. But not always. Legal guardianship can expire:

  • When the ward turns 18 (in cases involving minor guardians)
  • When the ward dies (typical in cases involving elderly wards whose incapacity is not cured)
  • When certain conditions are met (e.g., the ward demonstrates evidence of capacity or improving health)
  • When the court is presented with evidence of bad faith or impropriety by the guardian
  • When the guardian becomes unfit or unqualified to serve
  • When the guardianship is successfully contested

Sometimes, the court will grant guardianship over both person and property, but only for a limited period of time. This gives the court a chance to reassess the situation later.

Contesting Guardianship

Family members and friends may have conflicting opinions on who should help and how to make the right decisions for the ward. For example, who should be named as the guardian of an incapacitated child or parent? Where should the elderly parent live, at home or in an assisted living facility? How much money is needed monthly to care for the person? Who will make responsible decisions about the ward’s expenses? What does the ward need in terms of medical care and who should provide it?

These issues can be a source of fighting among the children and other relatives of a ward, and they can tear a family apart. A Jacksonville guardianship attorney at Beller Law, P.L. has the skill and experience to represent you in these often emotional and difficult cases.

What Is Guardian Advocacy?

When a child with developmental disabilities turns 18, the state presumes they can make decisions for themselves. However, it’s likely that person still needs someone to continue caring for them. Guardian advocacy is the legal process of appointing a guardian, often a parent, for adults with developmental disabilities.

Under Florida statute, a developmental disability is a disorder or syndrome attributable to one of the following:

  • Intellectual disability,
  • Cerebral palsy,
  • Autism,
  • Spina bifida,
  • Down syndrome,
  • Phelan-McDermid syndrome, or
  • Prader-Willi syndrome.

The disability must manifest before the individual turns 18 and be expected to continue indefinitely.

Guardian Advocacy Process

A mother searching for information about guardianship in Jacksonville.In Florida, “courts are encouraged to consider appointing a guardian advocate, when appropriate, as a less restrictive form of guardianship.” To obtain guardian advocacy, you need to file a petition with the court. As with any type of guardianship, a guardian advocate can ask to serve as guardian of the property, person, or both.

The petition must include basic information about the disabled individual, evidence of the person’s developmental disability, and specify the exact areas in which the individual lacks decision-making abilities. As the petitioner, you also need to explain why you are qualified to serve as the guardian advocate.

A Jacksonville guardian advocacy lawyer at Beller Law, P.L., can help you collect the necessary information to file the petition. We know what documents and evidence you need to build a strong case for a guardian advocate. After submitting your petition, one of our skilled attorney will represent you in the court proceedings and beyond.

After being appointed as a guardian advocate, there are many obligations and duties to complete each year. For example, you must submit a plan with the court explaining what services your child needs to help with their developmental disability. As the guardian, you also need to compile an inventory of your child’s assets and file an annual accounting with the court that shows how the assets have been used and managed.

Speak with a Jacksonville guardian advocacy attorney to begin the process of securing guardian advocacy over your child as they enter adulthood.

Skilled Jacksonville Guardianship lawyer Handle All of Your Guardianship Needs

Don’t let just anyone handle your Florida guardianship case; there is simply too much at stake. Contact our experienced Jacksonville guardianship attorney for a consultation at (904) 288-4414 to begin discussing your guardianship case today.

Our experienced attorney of the Jacksonville law firm of Beller Law, P.L. also handle other types of cases, including: