Jacksonville Guardianship Attorney

Ensuring Your Loved Ones Receive Proper Care

Navigating guardianship law can be a challenging experience, especially if you're concerned about the well-being of a loved one who can no longer make decisions independently. At Owenby Law, P.A., we understand the complexities surrounding guardianship and are dedicated to providing compassionate, knowledgeable guidance for families throughout Jacksonville, FL. Our goal is to help you establish or manage guardianship arrangements with confidence and care.

Call (904) 770-3141 or contact us online for more information about our experienced Jacksonville guardianship lawyers.

What is Guardianship?

Guardianship is a legal process where a court appoints a responsible individual, known as a guardian, to make decisions on behalf of another person (the “ward”) who is unable to make decisions for themselves. This process is often necessary for individuals who are incapacitated due to age, mental illness, physical disabilities, or other impairments that impact their ability to manage their personal, financial, or medical affairs.

Here are the most common types of guardianship in Florida:

1. Guardianship of an Adult (Incapacitated Person)

When an adult is deemed legally incapacitated by the court, they may need a guardian to make decisions on their behalf. This type of guardianship is often required for elderly adults with dementia or Alzheimer’s, or for individuals with severe mental illness, brain injuries, or other impairments that prevent them from making sound decisions. A Jacksonville guardianship lawyer at Owenby Law, P.A. can assist you in filing for this type of guardianship, ensuring that all legal requirements are met to protect your loved one’s well-being.

2. Guardianship of a Minor

If a minor child's parents are deceased, incapacitated, or otherwise unable to care for them, the court may appoint a guardian to take responsibility for the child's care and upbringing. Guardianship of a minor may also be necessary if a child inherits substantial assets, as Florida law requires a guardian to manage these assets until the child turns 18. At Owenby Law, P.A., we guide families through the guardianship process, ensuring that children receive proper care and support in the absence of parental involvement.

3. Limited Guardianship

A limited guardianship is used when a ward can make some decisions independently but needs assistance with certain aspects of their life. In this case, the guardian's powers are restricted to specific areas, such as managing finances, making medical decisions, or handling legal matters. This form of guardianship is commonly applied when the court finds that the ward is partially, but not entirely, incapacitated. Our experienced Jacksonville guardianship lawyers will help you establish a limited guardianship tailored to the ward's needs, preserving their independence while providing necessary support.

4. Plenary Guardianship

In cases where an individual is fully incapacitated, the court may appoint a plenary guardian. This type of guardianship grants full authority over the ward’s personal, medical, and financial decisions. While plenary guardianship is comprehensive, it is also a significant responsibility. Owenby Law, P.A. is here to help you understand your obligations and guide you through the steps involved in securing a plenary guardianship.

5. Emergency Temporary Guardianship

If immediate intervention is needed to protect a vulnerable adult or child, a Jacksonville guardianship lawyer can assist you in obtaining an emergency temporary guardianship. This temporary status is granted by the court to address urgent situations, such as medical crises, abuse, or exploitation. It provides the guardian with the authority to make critical decisions for a limited time until a permanent guardian can be appointed.

How the Guardianship Process Works in Florida

The guardianship process in Florida involves several steps, and each case is unique. Understanding these steps can help ease the stress of the process and prepare you for what lies ahead.

Step 1: Filing a Petition for Guardianship

To initiate the process, a petition must be filed with the court in Jacksonville. This petition should outline the reasons guardianship is necessary and include information about the proposed ward's medical or psychological condition. Our experienced attorneys at Owenby Law, P.A. can assist with preparing and submitting the petition to ensure compliance with Florida law.

Step 2: Evaluation of the Ward

The court will appoint a committee to evaluate the proposed ward’s capacity. This committee typically consists of a medical doctor, a mental health professional, and a layperson. They will examine the ward and submit a report to the court detailing their findings on the ward's ability to make decisions independently.

Step 3: Court Hearing

Once the evaluation is complete, a court hearing will be scheduled to review the findings and determine if guardianship is appropriate. At the hearing, both the petitioner and the ward have the right to present evidence. Having a knowledgeable Jacksonville guardianship lawyer by your side can help ensure that your case is presented clearly and effectively to the judge.

Step 4: Appointment of a Guardian

If the court approves the guardianship petition, a guardian will be officially appointed and given the powers outlined in the court order. Depending on the type of guardianship, the guardian may need to submit periodic reports to the court to ensure they are fulfilling their responsibilities.

Why Choose Our Firm?

In Florida, guardianship is taken seriously and requires court oversight to ensure that the best interests of the ward are always prioritized.  At Owenby Law, P.A., we understand the profound impact guardianship decisions can have on families and individuals in Jacksonville. We approach every guardianship case with compassion, respect, and a commitment to achieving the best possible outcome for our clients.

Here’s what sets us apart:

• Experience and Knowledge: With years of experience handling guardianship cases in Florida, our team has the expertise necessary to guide you through every stage of the process.
• Personalized Attention: We recognize that each family’s situation is unique. We take the time to understand your specific needs and tailor our approach to suit your goals and those of the ward.
• Commitment to Client Success: From filing petitions to representing clients in court, our goal is to ensure that guardianship arrangements are established legally, responsibly, and with the best interests of the ward in mind.

Contact us today at (904) 770-3141 to schedule a free consultation with an experienced Jacksonville guardianship attorney.