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.
Contact Our Guardianship Attorneys
If you believe a family member is no longer capable of handling his or her own affairs, contact our Florida law office to schedule a free initial consultation to learn how we can help. We can also discuss other estate planning issues, especially if establishing a trust, qualifying for Medicaid or creating a will for your loved one is a concern.