Law Office of David M. Goldman PLLC represents individuals and families in Jacksonville and the surrounding areas in Florida Guardianship proceedings and litigation. Our Florida Guardianship Attorneys and Florida Guardianship Lawyers work with Families involved with Florida Guardianships.
Guardianship ofProperty of an Adult
Guardianship of Propertyof an Adult is the process by which an individual is appointed a guardian tomanage and protect his or her propertybecause they cannot. Guardianship is thelegal remedy that gives an individual the authority to protect and oversee theproperty of another. TheFlorida Court System monitors the guardianship processand is defined by Florida Statute 744, and the Florida Probate Code.
The guardian is the person appointed by theCourt to control and protect the property of the Ward. The Ward is theindividual who cannotmanage his or her property and is the subject of theGuardianship. Guardianship of Property of an Adult can be involuntary orvoluntary.
InvoluntaryGuardianship of Property of an Adult
Guardianship of Property of an Adult isinvoluntary when the Ward is unable to manage their property due to beingincapacitated. Incapacitatedmeans being unable to make your own decisions dueto a mental deficiency. For a court to appoint a Ward who is incapacitated aguardian, theCourt must first deem the Ward incapacitated. Having the Warddetermined incapacitated requires a second court proceeding to determineincapacity, and begins when a Petition to Determine Incapacity is filed withthe Court.
Once a Petition to Determine Incapacity is filedwith the Court, the Ward is appointed an attorney to represent what is in “thebest interests ofthe Ward.” An Examining Committee is also selected. TheExamining Committee is composed of three persons, who examine the Ward andadvise the Court of the Ward’s mental capacity.
VoluntaryGuardianship of Property of an Adult
Voluntary Guardianship of Property of an Adultis when the Ward voluntarily waives their right to manage their property andrequests the Courtto appoint a guardian to oversee their property. In avoluntary guardianship, the Ward is still competent and able to control theirproperty. TheWard voluntarily chooses to have a guardian. If the Ward laterbecomes incapacitated an involuntary guardianship will need to be established.Along with a voluntary guardianship, it is common to file a preneed guardian sothat in the event an involuntary guardianship is later required theWard’spreference for who will be appointed their guardian will be known to the Court.
Whathappens after a guardian of property is appointed?
Once a Guardian of Property of an Adult isappointed by the Court, the Ward’s assets are placed in a restricted accountunder court supervision,or a bond can be posted. If the Court requires arestricted account, all transactions will need to be approved by the Court.Yearly and monthlyexpenses may be approved in advance.
In addition to the Court requiring a restrictedaccount or a bond being posted, the Court requires an Annual Accounting. TheAnnual Accountingtells the Court how the guardian managed the Ward’s propertyover the preceding year.
When isGuardianship of Property of an Adult necessary?
Adult Guardianship of Property is most commonly necessarywhen an elderly family member can no longer manage their assets or pay theirbills without help due to age or dementia. The elderly family does not have avalid Power of Attorney and cannot now sign one because of theirlack of mentalcapacity. To sign a Power of Attorney, you must have the mental ability tounderstand what a Power of Attorney is and the rightsyou will be delegating tosomeone else. In essence, Adult Guardianship of Property is most common when anelderly individual does not have aPower of Attorney and needs assistancemanaging their finances.
Adult Guardianship of Property is also neededwhen a family member suddenly falls into mental illness or is in an accident,which renders theindividual unable to manage their affairs. Again, theindividual does not have a valid Power of Attorney.
The Law Office of David M. Goldman, PLLCrepresents individuals and families in Jacksonville and the surrounding areasin FloridaGuardianship proceedings and litigation. Our Florida GuardianshipAttorneys and Florida Guardianship Lawyers work with families involved withFlorida Guardianships.
If you think a guardianship may be appropriate or are involved in guardianship proceedings and would like representation to help you understand and deal with this complicated process, CONTACT our Florida Guardianship Lawyers by email or call us at 904-685-1200 to discuss your situation today.