Law Office of Joseph Stella, PLLC: A Proactive Escambia County Guardianship Attorney
From incapacitation to the death of a parent, a variety of issues can spark guardianship proceedings. No matter the situation, it’s important to seek legal counsel. The Law Office of Joseph Stella, PLLC offers valuable insight through all phases of the legal process. The practice is a wonderful resource for both potential guardians and wards.
What Is a Guardian?
In Florida, a guardian is defined as a decision maker who acts as surrogate for a minor or an adult with a severe mental disability. For adults, however, guardianship can only be granted if no better alternative (such as durable power of attorney) exists. Regardless of the age of the person requiring guardianship, the responsible individual is appointed by the court to make either personal or financial decisions.
Types of Guardianship in Florida
A variety of different types of guardianship are recognized in Florida. These aim to meet the needs of the minor or the incapacitated individual in the least restrictive manner possible.
One major distinction: voluntary versus involuntary guardianship. Voluntary guardianship occurs when a mentally capable adult petitions for it. The adult may desire guardianship due to his or her inability to handle important financial matters.
Guardianship can also be defined as limited or plenary. In a limited guardianship, the ward may be unable to complete some, but not all tasks. The guardian then takes over for the limited tasks the ward cannot handle. In a plenary guardianship, the guardian is granted full decision-making power.
Filing For Guardianship in Florida
If you hope to secure guardianship of a loved one, you’ll need to complete several documents, including (but not limited to) the following:
- Petition to Determine Incapacity
- Petition for Appointment of Guardian
- Application for Appointment as Guardian
Upon filing the Petition to Determine Incapacity, the court will select an examining committee that includes at least one psychiatrist or physician.
Working With a Escambia County Guardianship Attorney
Whether you’re looking to file for guardianship or fight somebody else’s efforts to become your guardian, you deserve strong legal support. Your attorney should exhibit an extensive understanding of guardianship law in the state of Florida.
Look to the Law Office of Joseph Stella, PLLC for proactive, trustworthy representation as you tackle Florida’s complicated legal system. You’ll be glad to have a loyal and knowledgeable advocate on your side. Get in touch today to learn more about guardianship and your options.