A GUARDIANSHIP IS A legal proceeding in which a guardian is appointed to exercise the legal, personal and property rights of an in­capacitated person. A guardian can be an individual or institution, such as a bank or trust company, appointed by the court to care for an incapacitated person.

When my elderly father was being financially exploited, I interviewed many lawyers to help protect him. None were as honest, professional and ethical as Colette. Several told me I should just “give up” because  I would lose. I’m thrilled to say that Colette’s team fought for myself and my Dad and we won a difficult, contested case. I would recommend her 100%.

Jackie P., Jupiter, Florida

 

Meyer Law Firm assists families and care providers with establishments of guardianships and their proper administration.

Read about the most egregious case that one geriatric care worker has ever seen.  In this heart wrenching case, a woman hired to care for a couple illegally obtained a third of the interest in their home, took out a mortgage and ran up credit card bills.  Attorney Colette Meyer worked diligently to get justice for the couple.  (The Palm Beach Post, May 26, 2008)

 

Learn More About Guardianships

Below are questions our new clients ask most frequently about guardianships. Since the legal world has many variables which make it difficult to answer most questions with a brief paragraph, we recommend that you use these answers as informational only and seek legal advice to ensure that your specific case is handled to meet all legal requirements.

Who can question whether a person is incapacitated?

Any adult may file a petition seeking that another person’s incapacity be determined.  However, they must submit facts to the court that form their belief that the person is incapacitated.

How is a person determined to be incapacitated?

After someone files a petition with the court questioning a person’s mental capacity, the court appoints a committee. This committee typically consists of two physicians and another person who is qualified to report their findings. Each person must submit their own report to the court which must include the following:

  • A physical examination.
  • A mental health examination.
  • A functional assessment

After reviewing the submitted reports,  if the court finds the person to be incapacitated, a guardian is typically appointed.

An attorney represents the person who is alleged to be incapacitated.

Who can be a guardian?

Any adult who can carry out the duties can be a guardian. A charity or religious entity can also be a guardian as can a bank, except only for uardian of the property.

Can I select a guardian now?

When you do your estate planning, it is helpful if you appoint a preneed guardian since the court will give consideration to your wishes if you ever are in the position of being alleged incapacitated.

What does a guardian do?

A guardian can be appointed over property or the person. A guardian over property manages the incapacitated person’s property and investments.

A guardian over a person manages the person’s medical, mental and personal care such as deciding on the residential setting for the incapacitated person.

From the Florida Bar

“What is Guardianship?” (PDF Brochure)

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