Understanding the Procedure in Guardianships and Estate Planning

It is the duty of the judge assigned to the case to make a guardianship order. The term guardianship refers to the legal recognition that a child has someone who is designated as having care and control over the child. In some cases, this care may be extended to include any person who has a similar relationship with the child, for example, his or her partner, parents, wife, or any other close relative. Generally speaking, the word ‘guardianship’ refers to the authority of a parent to provide for the welfare and education of his or her child or children. This includes making decisions about schooling, health care, housing and other important issues.

 

Usually, a petition for guardianship is initiated by one or more persons who believe that they are properly caring for the individual. A probate court will hear the case if a request for guardianship has been made. If the petition is granted by the probate court, then a formal appointment of guardians will be made. This appointment will be made by the probate court with the help of an experienced probate and elder law attorney.

 

It is important to note that there are instances where a guardianship application may be denied. For instance, when the case has been brought forth by someone who is mentally impaired or incapacitated. The probate court cannot protect the individual’s rights unless he or she can understand the importance of the decision. Also, if the individual cannot handle money, or is not interested in handling it, the case will most likely be denied as well. It is also possible that the court may consider a minor’s guardianship as opposed to that of a disabled adult or someone over 18 years old, or someone suffering from serious psychological problems.

 

Once the matter has been formally started, the process moves to the probate court. In that court, the court will appoint a guardian for the child or children involved. The court will also determine the type of guardianship, i.e., legal guardianship, conservatorship, or joint guardianship. The court will also issue some rules regarding the administration of guardianship proceedings and will determine how the fees will be shared.

 

probate and guardianship lawyer in MiamiIf the child has substantial impairment or disability, the court may order that the person’s earnings and assets are sold. The proceeds may then be divided between the minor and his or her parents or other relatives. In addition, the court may appoint a tutor for the child. This person will serve as an advisor to the parents and should be able to assist them in making decisions for the benefit of their child, said guardianship and probate lawyer in Miami.

 

If the court decides on a guardianship for the child, the court will provide a durable power of attorney for the parties. This will allow one person to make all decisions on behalf of the child. However, the person will not be considered the child’s legal or custodial guardian, nor will he or she have the authority to make decisions on behalf of the child. Instead, the person who has been appointed as the child’s legal or custodial guardian will have this responsibility.