Exceptional Legal Services for Guardian Appointment

A young child and her guardianGuardianships have been categorized as part of an overall family law practice and, as well, some include it within elder law or estate planning.  In reality, it is all of these things.  Guardianships are used to obtain court authority to handle decisions for another, whether as it relates to their person, property, finances, or all areas.  The individual, the “Ward,” may be an incompetent adult child, a parent, a spouse, a friend, or other person known to the guardian.

The Sutton Law Firm attorneys have experience representing individuals who seek to be appointed as Guardian.  Our Bartow firm assists with the initial appointment and provides services and oversight all the way through and including closure of the case after the Ward’s recovery and restoration of rights, or their ultimate death. Guardianship is not an area for those lacking knowledge, and missteps can prove to have unwanted consequences. The guardian will have a fiduciary duty to the Ward.  Any breach of the fiduciary duty can result in imposition of sanctions by the court, depending on the error made.  Having experienced counsel will help avoid these pitfalls and insure that you spend your time caring for the Ward. Call the Sutton Law Firm for a consultation about your loved one so that we can advise you regarding the establishment of a guardianship to service your family’s needs.

Types of Guardianship

Guardian of the Person

The individual that is the subject of the guardianship, called the Ward, is often the petitioner’s parent, adult child, spouse, close friend or other relative. The Ward may suffer a mental and or physical limitation that disables him or her from conducting their own business or from making their own decisions. When the individual has the ability to manage their property, or perhaps has a trust established with a trustee in place to do so, a guardian of the person may be all that is needed. In these circumstances, the Guardian of the Person makes sure that health and environmental needs are met. They assist with or arrange for personal grooming, feeding, bathing, and other elements of day-to-day living for the Ward.

Guardian of the Property

The Guardian of the Property manages the income, expenses, assets and liabilities of the Ward. It is this guardian’s responsibility to recover all assets and liabilities and develop a planned course of action to meet the needs of the Ward, while making payment of expenses incurred. This can include the sale of real property, stock or other assets as needed to make payment of the Ward’s costs of caregiving. While some discretion is afforded the guardian in his or her capacity, a number of options require court approval before implementation.

Plenary Guardian

A plenary guardian is one who, essentially, does or arranges to have the needs of the Ward met personally and financially. The duties are a combination of those seen with a guardian of the person, and separately the guardian of the property. Here too, while given some discretion, there are also actions that require court approval before proceeding.

Contact Us

Call the Sutton Law Firm for a consultation about your loved one so that we can advise you regarding the establishment of a guardianship to service their needs.

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