Guardianship

Unfortunately circumstances sometimes demand that a guardian be appointed to a loved one. The guardian may can make sure that finances and property issues are addressed. We can help you most intelligently appoint a guardian.

The Law Office of Brian W. Hurd is experienced and passionate about guardianship and Elder law. If one of your loved ones no longer has the capacity to care for themselves, due to age or disease, we can help. As the communities around Central Florida and you will hear about our reputation for sound, empathetic stewardship of our elder law clients.

The Guardianship Process

The guardianship process usually begins with us filing two petitions in Florida courts. If all family members agree upon a guardian, the process is usually easy. The first petition is for the court to determine the incapacity of the person in question. The second is for the court to approve the guardian. Both hearings can be combined into one, but sometimes they are heard separately.

Limited And Plenary Guardianships: A Merritt Island Attorney Helping You Get The Right Fit

Guardianship is not the same for all situations. We can tailor each plan to match the needs of your guardian and loved one. More than one family member, or a caretaker, can be appointed as the guardian. The guardianship can be either a limited guardian or a plenary guardian. A limited guardian is over the person, and a plenary guardian is over the person and property. Another option is a temporary guardianship.

In many cases, an elderly person may not be capable of taking care of all of his or her assets, but still has the capacity to make some decisions. In those cases, the guardianship can be tailored to allow the person the right to vote or make other important choices. Guardianship can help a family protect a loved one without taking that loved one's power away.

When A Guardian Isn’t Doing What They Are Supposed To?

Sometimes guardians don’t act in the best interest of the disabled or elderly. If you find yourself in a situation with a questionable guardian, we can also assist you legally. We can bring your case to the courts and a judge will determine the veracity of the guardian. If wrongdoing is found, the current guardian can be removed.

Contact An Experienced Lawyer

To contact The Law Office of Brian W. Hurd, call 321-453-5007 or toll free at 877-409-1022 to speak with a knowledgeable attorney.