Florida Estate Planning Lawyer Blog

A Florida Voluntary Guardianship is a great option for those with elderly parents and elderly relatives who have increasing difficulty managing their own "property affairs". Business transactions such as banking matters, real estate transactions, and money management are some of the everyday tasks that become increasingly difficult to handle for Florida's elderly.

Ponte Vedra or Jacksonville residents may become a Voluntary Guardian by request and petition of the individual ("ward") who is in need of assistance from a trusted family member or friend.

The petition must also include a physician's certificate stating that the person who is petitioning the court for a guardian is competent to understand the nature and scope of the guardianship.

A wonderful feature of the provision is that it allows the guardian to take possession and control of less than all of the wards property. This enables the "ward" to maintain a sense of independence, and allows that person to manage a certain "portion" of their property, and still feel in control of their world. Each circumstance is unique and therefore, it is prudent to discuss your situation with a Ponte Vedra Guardianship Attorney.

When the Petition requests that the guardian only take control of a part of the wards estate, the court order must be specific as to the property to be included in the guardianship estate.

A Voluntary Guardian must file an annual report with the court, which gives an accounting as to the property under the guardian's control. The ward may terminate the voluntary guardianship at any time by filing a notice of termination with the court and must obtain a new certification of competency each year for the guardianship to continue. If you have questions about how a voluntary guardianship may assist someone in need of assistance, contact an experienced Guardianship Attorney in Ponte Vedra.

Many people residing in the St. Augustine area, suffer from developmental disabilities. Unfortunately, as these individuals get older, the disease progresses to the point where the person is often unable to take care of and manage their own financial and personal affairs.

A Florida procedure can appoint a Florida guardian advocate for a person with developmental disabilities, without an adjudication of incapacity. One way this appointment can be accomplished is if the disabled person has voluntarily petitioned for the appointment of a guardian advocate. If the disabled person is able to care for some, but not all of his personal care and finances, a guardian advocate will be able to act for the disabled person in certain specified matters.

If you have a relative or friend that suffers from a developmental disability and you believe that this person is unable to care for themselves, contact a St. Augustine Guardianship Attorney to learn more about the process of being appointed a guardian advocate.

It is important to note that in Florida Judges will want to see proof that a child is in the United States legally prior to issuing a guardianship over the minor person. With the recent changes in security and immigration, there is concern about creating a legitimate reason for the minor to stay in the country with the guardianship.