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Guardianship FAQ

WHAT IS A GUARDIANSHIP?
A guardianship is a legal proceeding in which a guardian is appointed to exercise the legal rights of an incapacitated person or a minor.

Guardianship of a minor-A child's parents are the child's natural guardians and in general may act for the child. In circumstances where the parents die or become incapacitated or if a child receives an inheritance or proceeds of a lawsuit or insurance policy exceeding $15,000, the court must appoint a guardian. Both parents or a surviving parent may make and file with the clerk of the court a written declaration naming a guardian of the child's person or property to serve if both parents die or become incapacitated. A guardian may also be designated in a will.
 
WHAT IS PRE-NEED GUARDIAN DESIGNATION?
Florida law allows you to designate a person who could be appointed guardian over you should you become incapacitated and/or over your children should you become incapacitated or upon your death. If you fail to designate a guardian, the Court will do so for you if and when it becomes necessary.

WHAT IS A GUARDIAN?

A guardian is an individual or institution (such as a nonprofit corporation or bank trust department) appointed by the court to care for an incapacitated person — called a “ward” or for the ward's care and/or assets.
 
WHAT DOES INCAPACITATED MEAN?
An incapacitated person is an adult who has been judicially determined to lack the capacity to manage at least some of his or her property or to meet at least some of the essential health and safety requirements of the person.

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Contact our office today at 561-832-1001 in Florida or toll-free 855-285-6655 in Washington, D.C. for a free initial telephone consultation. We look forward to protecting what matters to you.

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