When a Florida court deems someone incapacitated, guardianship or conservatorship may be established to manage their affairs. These arrangements significantly affect the individual’s rights, making disputes over their necessity common.
At Melone Hatley, P.C., our team brings over 20 years of combined experience to help families address sensitive situations with clarity and care. If you need guidance from a Tampa guardianship and conservatorship lawyer, we are here to provide support and explore your options.
For those looking to secure their future or protect their loved ones, a Tampa trusts and estates lawyer from our firm will offer personalized solutions that align with your goals.
Guardianship in Florida
When someone is unable to manage their personal, healthcare, or financial matters, Florida courts may appoint a guardian to step in on their behalf. This legal process applies to both adults and children, referred to as wards.
Unlike states like California, where “conservatorship” applies to adults, Florida uses “guardianship” for all ages. If you’re facing these decisions, a Tampa family lawyer from our team will provide clear guidance and support.
Incapacity is determined when someone is judicially found unable to:
- Manage their property or financial affairs.
- Address their essential health or safety needs.
This often arises with conditions such as dementia, Alzheimer’s disease, or severe mental health challenges. Our family law and estate planning lawyers are here to help families make informed choices about guardianship.
The Role of Guardianships
Guardianships involve court-appointed individuals managing a person’s property or personal needs. Property management may include responsibilities such as:
- Handling real estate, financial accounts, and stock shares.
- Managing business assets and income.
- Administering benefits like insurance.
Courts monitor these arrangements closely to safeguard the ward’s interests, as financial decisions carry significant risks.
In addition to property, guardians may oversee personal care and health needs, including:
- Arranging healthcare services.
- Securing housing and providing food.
- Assisting with personal hygiene and clothing.
Healthcare decisions often consider any advance directives, like a healthcare power of attorney, expressed by the individual before becoming incapacitated.
For those exploring guardianship or addressing concerns about the process, a Tampa guardianship and conservatorship attorney will provide the legal guidance needed to protect everyone involved.
Types of Guardianships in Florida
Florida law outlines several types of guardianships to address different needs, each tailored to the ward’s unique circumstances.
Guardian of Minors
When a child requires care, the court appoints a guardian to oversee their personal or property matters until they turn 18. This guardian has full authority to make decisions unless otherwise specified by the court.
Preneed Guardian
An adult who anticipates future incapacity can request the appointment of a preneed guardian. For instance, someone diagnosed with dementia may take this step to prepare for changes in their condition. When incapacity is determined, the court formally appoints this guardian.
Limited and Plenary Guardianship
A limited guardian handles specific tasks like finances or healthcare, while a plenary guardian manages all aspects of the ward’s affairs when needed. The court can adjust or end these arrangements if circumstances improve.
Tampa Guardianship
Lawyer Near Me
(813) 400-1602
Understanding Conservatorship
A conservatorship is a legal arrangement where the court appoints someone to manage the estate of an absentee, as defined under Florida law.
Chapter 747 of the Florida Statutes outlines the responsibilities of a conservator, granting them the same rights and powers as a property guardian under Chapter 744.
Responsibilities of a Conservator
Depending on the court’s decision, a conservator may have full or limited authority over the absentee’s estate. Some common powers include:
- Managing and investing the absentee’s assets.
- Selling the absentee’s property as needed.
- Collecting income on behalf of the absentee.
This arrangement helps protect the absentee’s estate while they are unable to manage their affairs.
Who Can Serve as a Conservator?
Under Florida law, those who have a financial interest in the absentee’s property or estate or those who rely on the absentee for support can file a petition for conservatorship. Common petitioners may include:
- A spouse.
- An adult child.
- A parent.
- A sibling.
This process allows trusted individuals to manage the absentee’s estate in their absence, ensuring it remains protected and accessible for those who depend on it.
Exploring Alternatives to Guardianship or Conservatorship
Guardianship may not always be necessary, but other legal tools are available to manage specific needs. Two common alternatives are a durable power of attorney and guardian advocacy.
Durable Power of Attorney
You can appoint someone you trust to act on your behalf for specific matters, such as managing finances or making healthcare decisions, by creating a durable power of attorney. You voluntarily create this document while you are competent, and it does not require a court order.
You can choose to give your agent broad authority or limit it to specific tasks, depending on your goals. Agents, like guardians, must act in their best interests as fiduciaries.
Guardian Advocate
Courts may appoint guardian advocates in two specific situations. They assist adults with developmental disabilities who need help with certain tasks but retain some decision-making abilities. They also support patients whom psychiatrists have deemed incompetent to consent to treatment.
Before appointing a guardian advocate, the court will review any existing durable power of attorney or healthcare directive to see if those documents meet the person’s needs. These appointments are often temporary and tied to specific circumstances.
Becoming a Guardian in Tampa, Florida
To qualify as a guardian in Florida, you must meet these criteria:
- Be a Florida resident.
- Be at least 18 years old.
- Be related to the ward by blood, marriage, or adoption.
You begin the process by filing a petition with the court, often with your attorney’s assistance. The court appoints an attorney to represent the prospective ward, and a medical committee evaluates their level of competence. A judge decides whether to appoint a guardian within 30 days of filing.
Becoming a Conservator
To qualify as a conservator, you must meet these criteria:
- The person you wish to represent must legally qualify as an absentee.
- You must have an interest in their estate or rely on them for support.
The process involves filing a petition detailing the absentee’s disappearance, your relationship, and the assets involved. A court hearing will determine if a conservator is needed, and the absentee could potentially be represented by an attorney.
Protect Your Family with a Tampa Guardianship and Conservatorship Lawyer
Decisions about guardianship and conservatorship are deeply personal and require thoughtful planning. At Melone Hatley, P.C., we work closely with families to create solutions that prioritize their loved one’s well-being. A Tampa guardianship and conservatorship lawyer from our team is here to provide clear and supportive guidance.
Our firm is committed to helping you protect your family, finances, and future. Whether you’re seeking to establish guardianship or conservatorship or explore alternatives, we offer practical legal support tailored to your unique needs.
Contact Melone Hatley, P.C. today to learn how we can assist you with guardianship or conservatorship matters and help you move forward with confidence.
