Guardianship is the court-supervised process where a legal determination is made whether an individual has the capacity to continue to manage his or her own affairs. Whether by reason of age, infirmity, accident or injury, it can be a difficult process for a family to go through. Because of its population, Florida has developed some of the best guardianship laws in the country and is always on the leading edge in protecting the rights of its citizens.
Florida courts seek solutions that balance the need to preserve and protect the dignity and individual rights of the alleged incapacitated person with making sure the individual is well cared for and safe. Whenever possible, the court will implement the least restrictive alternative to a full (sometimes called "plenary") guardianship. If a guardianship is required, it will be court supervised throughout with careful monitoring and screening of the guardian and, in appropriate situations, the incapacitated person may have their rights subsequently restored in full or part.
Unfortunately, because virtually all aspects require court supervision and approval, the guardianship process can be time-consuming and expensive. Because of this, it is often advisable to engage in "pre-need" planning whenever possible so that if and when the time comes a fully court supervised proceeding (and related costs and public disclosure) can be minimized if not avoided altogether.
Taso is experienced in all facets of guardianship law and keenly aware of and sensitive to not only the legal issues, but the emotional ones as well. Following are some of the services routinely provided in this area:
Determination of Incapacity
Appointment of Guardian
Representation of Guardian
Representation of Ward (the incapacitated person)
Representation of Attorney for Ward
Regular & Emergency Hearings
Planning for Less Restrictive Alternatives to Guardianship
Pre-Need Planning (to avoid a future guardianship)
Guardianship Litigation (contested matters)