When Is Guardianship Needed?

Attorney Nicole

In most cases, guardianship is needed to take care of a parent who has become incapacitated. A person can avoid the need for guardianship if they have estate planning documents in place such as a power of attorney and healthcare surrogate. However, these documents can only be completed in advance of a need. Once a person becomes incapacitated, he or she would not have the legal capacity to make a power of attorney or health care surrogate designation.

Guardianship is also needed to take care of an adult disabled child or a minor who receives a personal injury settlement.

Obtaining a guardianship of another person can be emotionally difficult for families, since you have to prove to the court that the person is incapacitated. Our lawyers understand what your family is going through and we will put forth every effort to make the process as painless as possible.

Are You Considering Becoming A Guardian?

Witnessing a family member's physical, mental and emotional deterioration due to health issues such as Alzheimer's or dementia can be heartbreaking. When your loved one can no longer make sound decisions, you may need to be appointed as that person's guardian.

Becoming a guardian is an important responsibility. You are taking on the authority to make financial and personal care decisions for another person. Courts take the process of naming a guardian seriously, since the court is taking away a person's freedom to make decisions for himself or herself.

At The Law Office of Nicole C. Morris, P.A., our attorneys help people become guardians of elderly parents, adult disabled children and other vulnerable adults. We also draft powers of attorney, which can be an inexpensive alternative to guardianship if your loved one plans ahead. Unfortunately, in some cases, guardianship may be the only alternative.

Ask Us About Guardianship Today

We offer a complimentary initial consultation to answer your questions about guardianship and when it is needed. Email us or call 561-855-0348 to schedule an appointment. We work in Palm Beach Gardens and throughout the country to help clients with loved ones in Florida.