St. Augustine Guardianship Lawyer

Seeking Guardianship Over a Loved One?

When it comes to estate planning and ensuring the well-being of your loved ones, guardianship is a crucial legal tool. At Owenby Law, P.A., we are here to provide expert guidance and personalized solutions for your guardianship needs in St. Augustine, FL. Our experienced team of St. Augustine guardianship lawyers is committed to protecting your family’s future and ensuring that your loved ones receive the care and protection they deserve.

Contact us today at (904) 674-8779 to request an initial consultation.

What is Guardianship?

Guardianship is a legal arrangement in which a court appoints an individual (the guardian) to make decisions on behalf of another person (the ward) who is unable to manage their personal or financial affairs. This process is often necessary when someone becomes incapacitated due to age, illness, or disability and has not previously established a power of attorney or other legal directives.

Guardianships are typically put in place to ensure the ward's safety, manage their financial resources, and make critical medical or lifestyle decisions on their behalf. At Owenby Law, P.A., we understand the sensitive nature of these cases and strive to create a plan tailored to the unique needs of every client.

Common Types of Guardianship

Guardianships come in various forms, depending on the specific circumstances and needs of the ward. Below are some of the most common types:

• Guardianship of the Person: This type of guardianship involves making personal and medical decisions on behalf of the ward. The guardian may be responsible for overseeing medical treatment, living arrangements, and daily care to ensure the ward’s well-being.
• Guardianship of the Estate: In this arrangement, the guardian manages the ward’s financial affairs, including paying bills, managing investments, and safeguarding assets. This is often necessary when the ward is unable to handle their own finances due to incapacitation.
• Limited Guardianship: Limited guardianship is appropriate when the ward retains some capacity to make decisions. The court assigns specific responsibilities to the guardian, allowing the ward to maintain independence in other areas of their life.
• Plenary Guardianship: Plenary guardianship grants the guardian full authority to make all decisions on behalf of the ward. This type is typically reserved for cases where the ward is entirely incapacitated and unable to make any personal, financial, or medical decisions.
• Guardian Advocacy: This type of guardianship is designed for individuals with developmental disabilities. It allows a guardian to assist with decisions related to health, education, and finances without declaring the individual fully incapacitated.

How to Obtain Guardianship in Florida

The process of establishing guardianship in Florida can be complex and requires adherence to specific legal procedures. At Owenby Law, P.A., we guide our clients through every step of the process to ensure a smooth and efficient experience.

1. Determine the Need for Guardianship: The first step is to determine whether guardianship is necessary. This may involve assessing the individual’s ability to make decisions and manage their affairs. If alternatives, such as a durable power of attorney or healthcare surrogate designation, are unavailable or insufficient, guardianship may be the best option.
2. File a Petition for Guardianship: A petition must be filed with the appropriate Florida court. This document outlines the reasons for seeking guardianship and provides details about the proposed guardian’s qualifications. If the ward’s incapacity is not already established, a petition to determine incapacity must also be filed.
3. Incapacity Hearing: The court will appoint a panel of experts to evaluate the ward and determine their level of incapacity. Based on their findings, the court will decide whether guardianship is necessary.
4. Guardian Appointment: If the court determines that guardianship is appropriate, it will appoint a guardian. The appointed individual must complete any required training and file an initial guardianship report detailing their plans for managing the ward’s care or finances.
5. Ongoing Responsibilities: Once appointed, guardians have ongoing responsibilities, including filing annual reports with the court, managing the ward’s assets, and making decisions in the ward’s best interest. Our attorneys can help ensure compliance with these requirements and provide ongoing legal support.

How Our Firm Can Help

Choosing the right St. Augustine guardianship lawyer is essential to navigating the complexities of guardianship law. Here’s why families trust Owenby Law, P.A.:

• Extensive Experience: Our attorneys have years of experience handling guardianship cases in Florida, providing our clients with knowledgeable and reliable legal representation.
• Compassionate Approach: We understand the emotional challenges involved in guardianship matters and treat every client with care and respect.
• Personalized Solutions: We tailor our legal strategies to fit your unique situation and goals, ensuring the best possible outcome for your family.
• Proven Results: Our track record of success speaks to our dedication to protecting our clients and their loved ones.

Call (904) 674-8779 or contact us online today to speak with our St. Augustine guardianship attorneys.