The Law Offices of Ido Stern » Family Practice

Guardianship & Guardianship Litigation

Guardianship

Sometimes life takes turns we do not anticipate. A debilitating stroke, an accident resulting in severe injuries, a money award to a minor, or any number of health, financial or life circumstances may bring about a situation requiring the administration of another person's affairs.

It would only take a few hours of your time for you to prepare for such unanticipated situations in advance. We can draft powers of attorney for you, your spouse, and your parents or other adult loved ones. Those powers will allow for the efficient management of one's medical and financial affairs and day-to-day living.

The advantage of advance preparation is that the attorney in fact, as the person named in the power of attorney is called, can make decisions and manage finances without court oversight. You, thus, save time, delay, and potential headaches.

Sometimes, however, circumstances dictate that a guardian must be appointed. A guardianship is always a last resort, as it restricts the rights and freedoms of the individual in need of care. This is of particular significance in the case of an adult.

However, when a situation arises, and there has been no contingency pre-planning, a legal guardian must be established. This is done through the courts. Typically, a relative or other concerned person files a petition asking that the alleged incapacitated person, the person who will be subject to the guardianship, be declared in need of a guardianship. The petitioner may also petition for his or her own appointment as guardian. Once the guardianship is established, the guardian will have duties that will vary with the nature of the case. In an elder guardianship, the guardian may need to see to it that all the necessities of life and medical care are provided. The court oversees initial plans and future annual accounts and reports.

Sometimes, in very difficult cases, another court process, called a vulnerable adult petition, is filed instead of or in addition to a guardianship to insure that a vulnerable adult receives necessary protection against abuse or exploitation.

We will guide you each step of the way with:

• Education about the guardianship process and responsibilities
• Assessment of the needs of the allegedly incapacitated person
• Petitioning the court for appointment of a guardian
• Assistance with required follow-up reporting

Guardianship Litigation

We know that there are times when family members can disagree about the best care for a loved one. We also know that sometimes outsiders motivated by issues other than love have an interest in a vulnerable incapacitated person. Unfortunately, these situations can develop into heated guardianship litigation.

Guardianship is a unique and complex portion of Florida law. If you are facing a hotly contested guardianship, chose an attorney who spends a significant portion of his or her time in the guardianship area. We can help you obtain a successful outcome.

Our firm handles cases involving:

• Breach of fiduciary duty by a current guardian or a person with a power of attorney
• A friend or family member who improperly convinces an elderly person to alter the terms of their will
• A potential conflict of interest on the part of a person fighting to be a guardian
• A caregiver who physically and/or financially abuses the person in need

The stakes are high in a guardianship case. The Court chooses only one person to make decisions for a vulnerable loved one. If you want to help make sure the Court knows all the facts and that you have a chance at being appointed, contact us. We will guide you through the difficulties of complex guardianship litigation and contested guardianships.