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South Florida Guardian - Fort Lauderdale Guardianship Lawyer - Miami Guardianship Attorney

If you need an attorney in Miami, Broward or Palm Beach to set up a Guardianship for a family member, call a Florida Guardianship attorney in our office at 954-515-5000 or 800-337-7755 for a free initial consultation.

There are many reasons to set up a guardianship in Broward, Miami or Palm Beach. These may include:

  • Need to set up a guardianship for a family member who no longer has the ability to take care of himself or herself
  • Need to have a professional guardian handle the personal and financial affairs of a family member
  • When family members dispute how to best care for a family member who is unable to take care of himself or herself
  • To protect the assets of a loved one who can no longer manage their own finances or property
  • To help make health care decisions for a loved one

What is a guardian in Florida?

A guardian is a surrogate decision-maker appointed by the court in Florida to make personal and/or financial decisions for a minor or for an adult with mental and/or physical disabilities or incapacity. After adjudication, the subject of the guardianship is termed a "ward".

Set up a Guardianship in Broward, Dade or Palm Beach Counties

Our law firm can help set up a Fort Lauderdale Guardian for a Minor, guardian over a disabled child who turns 18, guardianship over trust funds for a minor child, and voluntary and involuntary guardianships.

Florida law provides for the appointment of a guardian for a minor in circumstances such as where the parents die, are unable to care for a child, or if a child receives an inheritance or proceeds of a lawsuit or insurance policy exceeding the amount parents are allowed by statute to receive on behalf of their child.

Assistance to Set up Guardanship for an Adult in Broward, Dade or Palm Beach

Adult guardianship is the process by which the court finds an individual’s ability to make decisions is impaired, therefore the court gives the right to make decisions to another person or entity. Guardianship is only warranted when no less restrictive alternatives, such as a durable power of attorney, a trust, a health care surrogate or proxy, or another form of pre-need directive, are found by the court to be appropriate and available. Legislative intent establishes that the least restrictive form of guardianship is desirable, if it is in the best interest of the ward.

Legal and Ethical Relationship for Guardians

Guardianship is an ethical as well as legal relationship with many court-mandated duties and responsibilities involving the very basic rights of another human being. It is of the utmost necessity that:

1. An attorney be consulted to represent and advise the guardian in all appropriate, technical procedural and fiduciary matters relating to the court; and

2. The guardian proceed with the utmost diligence to take care of the ward, safeguarding the ward's numerous rights while preserving the ward's dignity, and improving the quality of that ward's life.

Florida's Guardianship Law

Guardianship law is controlled primarily by Chapter 744 of the Florida Statutes though local rules may influence a particular statute’s application. {28 Fla. Jur. 2d Guardian and Ward §5 (2004).} Procedures for all guardianship proceedings are governed by the Florida Probate Rules. {Id.; Fla. Prob. R. 5.010} Thus, a proper application of guardianship law requires adherence to the Florida Statutes, the applicable local court rules, Florida Probate Rules and applicable court decisions.

Miami Guardianship Attorney - Lawyer for Guardianship in Fort Lauderdale - Broward County Attorney for Guardian

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