Palm Beach Gardens Conservatorship Attorneys
A guardianship is a legal proceeding through which the guardianship court authorizes a person, agency or entity (the guardian) to exercise the legal rights of another (the ward). There are several different types of guardians and guardianships authorized under Florida law, including:
- Natural guardians
- Guardians for minors
- Voluntary guardians
- Emergency temporary guardians
- Guardians of person and property of a Florida resident
- Guardians of property of non-residents
- Limited guardians
- Pre-need, standby and foreign guardians
All Guardianships Should Be Established for the Benefit and Protection of the Ward
Often the need for a guardianship arises from an elderly person's inability to care for him or herself or manage his or her assets. The guardian's primary responsibility is to provide for the ward's maintenance and well-being and to use the ward's assets to pay for the costs associated with the ward's assisted living needs and medical care. Guardianship proceedings are typically instituted by the filing of a petition seeking to determine the capacity of another. Upon the finding of incapacity, whether limited or plenary, the Guardianship Court appoints a guardian for the ward's person and property.
The attorneys at Boyes & Farina have been involved in hundreds of contested guardianship matters, representing both guardians and wards. Our attorneys have often been appointed by guardianship courts to serve as guardians or attorneys for the alleged incapacitated person.
Guardianship litigation can be expensive, time consuming and emotionally difficult, pitting family members against each other. It often requires the public disclosure of purely personal matters. In most circumstances, Florida Law requires the guardianship court to consider alternatives to the imposition of a guardianship, including the use of trusts, durable power of attorney, health care surrogates, living wills and other similar instruments. Our attorneys are experienced in planning for incapacity and in drafting documents designed to avoid or minimize guardianship litigation later in life.
Unfortunately, not all guardianship proceedings are brought with honorable intentions. Often they are brought for reasons unrelated to the health or well-being of the ward. Our attorneys are well experienced in defending wards and family members in these situations.
Boyes & Farina serves guardianship clients throughout Florida in matters of:
- Guardianship planning for the elderly
- Developing alternatives for guardianships
- Establishing guardianships, both voluntary and involuntary
- Advising guardians
- Defending guardians
- Representing wards
- Guardianship fee disputes
- Use of jointly owned assets
- Veteran guardianships
- Guardianships for minors
- Restoration of capacity
- Conclusion of guardianships
- Guardianship for the developmentally disabled
The attorneys at Boyes & Farina recognize the personal issues that often exist within guardianship proceedings and appreciate the emotions inherent in such circumstances. Understanding your options or the options for a loved one begins with a frank and open conversation about your goals, realistic expectations and the individuals involved in the process.
Arrange a Consultation Today
Call our office at 561-202-1578 or toll free at 888-653-2074 and speak directly with our attorneys. For your convenience, we also accept e-mails. This is the best way for us to understand the issues you are facing and to start the process of crafting a viable solution or solutions on your behalf.