Lake Mary, Winter Park, Longwood, and Maitland, Florida Guardianship & Probate Attorney
Guardianship is a court process designed to protect an individual
who can no longer protect himself or herself, and it seeks to identify
the person or persons best suited to take over the individual’s
financial affairs and personal care. In practice, guardianship can be a
costly, time-consuming, bureaucratic and public process that often
achieves an outcome vastly different from what the individual would
have wanted—just like probate.
Although it varies from state to state, guardianship usually involves these steps:
a hearing will take place, at which the individual may have to be
present if his mental or physical health will allow it; otherwise,
medical evidence or testimony will be introduced.
the evidence justifies the conclusion, the individual will be declared
mentally incapacitated or incompetent, and the court will appoint a
guardian of the person to act on his or her behalf with respect to
living arrangements, medical care, and long-term care issues. A
guardian of the property is the person the court designates to be
responsible for the individual’s financial affairs.
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