Guardianship

To protect the financial interests and personal well-being of an elderly or disabled family member, a guardianship may prove necessary. Under Florida law, a guardianship can be established if a person is found incapable of taking care of himself or herself or tending to his or her financial affairs.

At Burandt, Adamski, Feichthaler & Sanchez, PLLC, we work closely with the adult children of elderly people and those charged with the care of disabled people to create guardianships. We prepare all necessary paperwork and financial information and work with medical professionals responsible for reviewing the capacity of a person.

If you are concerned about a family member being taken advantage of by a neighbor, family member, telemarketer or health care worker, contact our Florida law office. We provide free consultations and can review your case to determine the best options available to you.

Fort Myers Power Of Attorney And Guardianship Assistance

When mental or physical capacity becomes a major concern, an interested party may petition the court for a guardianship. If the court finds that the elderly person or disabled adult in question is incapable of managing his or her finances and/or living independently, a guardianship will be granted to the petitioning party. In essence, guardianships grant the legal authority to handle all of the financial affairs of the incapacitated person (ward) and make any decisions regarding their physical welfare. Please note, not all guardianships are involuntary. A party may voluntarily grant a guardianship.

Guardianship Issues In Florida

Once a guardianship is created, any contracts, applications for credit cards, agreements to refinance a house or requests to change a bank account are null and void without approval of the guardian. As a result, guardianships are a highly effective means for protecting vulnerable people from being taken advantage of financially.

However, it is important to note that the guardian must file a tax return and submit an annual report. Depending upon the estate of the ward, filing a tax return and providing an annual report could be rather complicated. As your lawyers, we can explain what is involved and help you navigate the tax and fiduciary issues involved in guardianships.

What Is A Conservatorship?

A conservatorship is a legal arrangement in which a court appoints a person or organization (the conservator) to manage the financial and personal affairs of someone unable to do so themselves.

It may apply to adults incapacitated due to age, illness or disability. In Florida, conservatorships help ensure vulnerable individuals receive proper care and that their finances are handled responsibly.

Obtaining a conservatorship involves filing a petition with the court and providing evidence that the person in question cannot manage their affairs. The court will then assess the situation and appoint a conservator if necessary.

What Does A Conservator Do?

A conservator’s primary responsibility is to act in the best interests of the person under their care. It can involve:

• Managing assets
• Paying bills
• Making investments
• Helping ensure the person’s day-to-day needs are met

In some cases, conservators may also make decisions on medical care or living arrangements, depending on the extent of the conservatorship. Conservators are accountable to the court and must provide regular reports detailing how the person’s finances are handled.

The goal is to protect the incapacitated person’s well-being while preserving their assets as much as possible. In Florida, conservators are often family members, but professional conservators can also be appointed if necessary.

What Is The Difference Between Guardianships And Conservatorships?

Conservatorships focus primarily on financial affairs, while guardianships extend to personal and health care decisions. In Florida, guardianships are appointed for minors or adults who cannot make personal decisions for themselves due to incapacity.

A guardian may oversee aspects such as medical treatment, living arrangements and general welfare, whereas a conservator strictly manages financial matters. In some cases, the court may appoint a guardian and a conservator to help ensure comprehensive support for the individual.

Families looking to protect vulnerable loved ones should understand the distinctions between a guardianship and a conservatorship. An estate planning attorney can help you understand each role so that the individual receives the care and support they need.