Miami Lawyer For Guardianships And Conservatorships
When adults become unable to manage their own affairs due to incapacity, illness or disability, Florida law provides legal mechanisms protecting their interests through guardianships and conservatorships.
At Nelson C. Keshen, P.A., I offer professional guardianship and conservatorship services in Miami, Florida. My legal practice focuses on estate planning and related protective arrangements. I have the experience and knowledge to assist you with establishing and administering guardianships, providing guidance to help you through every step of the process.
Guardianships And Conservatorships In Florida
While some states use both “guardianship” and “conservatorship” terms, Florida uses the term “guardianship” to describe court appointments of individuals to manage personal and financial affairs for incapacitated adults. A guardian of the person makes health care, residential and personal care decisions for the ward. A guardian of the property handles financial matters, assets and estate administration. Courts may appoint limited guardianships addressing only specific areas where the incapacitated person needs assistance or plenary guardianships granting comprehensive decision-making authority when necessary.
Establishing guardianships requires petitioning the court, providing medical evidence of incapacity, appointing examining committees and conducting hearings. A judge determines whether a guardianship is necessary and designates the guardian.
Proactive Planning Vs. Guardianship Proceedings
A guardianship may become necessary when individuals fail to execute advance directives while still capable. However, proactive estate planning through health care directives, durable powers of attorney and living wills often prevents guardianship needs entirely. Health care directives authorize trusted individuals to make medical decisions if you become incapacitated, eliminating court involvement. Financial powers of attorney similarly grant authority for managing assets and business affairs without judicial supervision.
These proactive documents provide greater control over who makes decisions on your behalf, reduce costs compared to guardianship proceedings and preserve privacy by avoiding public court processes.
When Guardianships Are Necessary Despite Planning
Sometimes guardianships remain unavoidable. If no advance directives exist when incapacity strikes, guardianship provides the only mechanism for managing the incapacitated person’s affairs. Minor children also require guardianship appointments upon their parents’ death or incapacity. Additionally, existing powers of attorney may prove insufficient when agents abuse their authority or disputes arise over decision-making.
How A Guardianship Lawyer Can Help
Establishing and administering guardianships involves navigating Florida’s complex statutory requirements, court procedures and ongoing compliance obligations. An experienced guardianship lawyer can help you handle petition preparation, medical documentation, court hearings and post-appointment reporting requirements.
Contact A Trusted Guardianship Attorney
Contact Nelson C. Keshen, P.A., in Florida today to schedule a consultation by calling 305-517-3577 or by filling out an online contact form. I serve families throughout Miami, Pinecrest, Coral Gables, Doral, Kendall and Palmetto Bay.