4 Importants Points About Florida Guardianship–what every family needs to know

Is mom or dad suffering from Dementia or Alzheimers?  Maybe they are  slowing down a bit and need some assistance.  One question may be : what assistance does your father or mother need?  If you are thinking about filing for Florida guardianship in Palm Beach County, here are 4 Importants Points About Florida Guardianship which family members may want to know.

1. A guardianship may be un-necessary. If your mom or dad had an existing estate planwith a Florida POA, revocable trust, also called a living trust and health care documents, then…well, a guardianship may not be necessary. So talk to your parent, and, if that’s not possible, talk to their estate planning attorney if she or he will speak to you. Ask them if there is a lesser restrictive alternative to a Florida guaridanship which adequately addresses your parent’s needs.
2. It’s a serious matter.  Probate court is the “venue” for guardianships in Palm Beach.  You can call it the Florida guardianship court, but it’s the probate division.  Florida guaridanships are serious stuff.  Petitions which make serious allegations about a person’s mental state and need for assistance and protection.  You don’t just file a guardianship matter to get control.  You file a guardianship petition Palm Beach if a person needs assistance and protection.  A guardianship court is going to evaluate the person who you say needs assitance, the so called alleged incapacitated person.  There are reports, hearings, evaluations, committees, evidence, procedural rules…you get the picture.  Be prepared and don’t just expect to walk into court and talk.  If you want to win your guardianship case in Delray Beach, where’s your evidence?
3. Courts are there to protect. The, perhaps, one overriding rule or factor which everyone should keep in mind if you file a guardianship Florida is the best interests andprotection of the person you think needs the guardianship.  This person is called theWard if there is a determination of needing a guardianship.  So, don’t get along with your sister? Don’t want your sister to be mom’s guardian?  Maybe you are the 2nd spouse of the Ward and you hate your spouse’s adult children.  Don’t want your wife’s children being guardian? Well, any guardianship law firm West Palm Beach will tell you that in the guardianship court, the focus should be on the Ward.  Sibling rivalry andpetty jealousies should take a back seat. Keep this in mind when you create a litgation strategy for guardianship court Florida.
4. Guardianships Florida are public (sort of).  With the exception of certain personal and financial data, understand that guardianship courts are public. We are talking about guardianships of an adult.  Anyone can walk into the Florida probate court and attend the hearing.  Court filed documents, most of them anyway, are public documents and you can go to the probate clerk’s office, pay for a copy, and read what was filed in the guardianship court.  Want to see a transcript of a guardianship trial or hearing Palm Beach Gardens? Well, that won’t necessarily be in the clerk’s file, but sometimes guardianship lawyers file hearing transcripts.  So, keep that in mind when devising your Florida guardianship lawsuit strategy.