Can I be the guardian of my parents?

Ask any guardian lawyer Palm Beach and they will tell you that guardianship litigation is increasing in Florida and from Delray Beach to Jupiter, Florida.   Adult children now get involved with mom and dad’s property and person as parents age.   Some look to protect and help aging Palm Beach parents, while other persons look to control the purse strings, the money and all the property.  A new Florida guardianship video is available free, online to watch: https://www.youtube.com/watch?v=q8PF1-I17zM&feature=youtu.be

Here are 5 Florida guardianship points to keep in mind as you deal with whether mom or dad need a guardianship—and whether you want to be their Palm Beach guardian or not:

1. Palm Beach Guardianship is serious business.  A guardianship, remember, is when you go to the guardianship court Palm Beach and tell the court in formal, legal guardianship documents ,called Guardianship Petitions, that mom or dad need some help: they can’t do it all on their own any more. We are talking about human rights and civil liberties. This is serious stuff and not to be taken likely. A probate court will hear the guardianship case. For people from Boca Raton, Florida who need a guardian, to Lake Worth, Florida, the probate court is in Delray Beach’s courthouse.
2. A Palm Beach guardian can be limited or have total control and power.  The guardianship court will determine whether mom or dad get to keep all their rights, or whether some, or all, of their rights get taken away.   Will the probate judge in West Palm Beach let mom retain the right to vote or determine where she wants to live?  Will the probate judge in Palm Beach Gardens, Florida let dad control his $$ & property or should a guardian pay his bills, invest funds and manage stocks and bonds and that $5 Million brokerage account.
3. Do you really want to be guardian? Being a guardian of mom or dad or over their property and money is a fiduciary job and Palm Beach probate courts take Florida guardianship issues very seriously.  Do you really want to serve as guardian of your parents or do you want a professional guardian to fill that role?  After all, if you are the Palm Beach Gardens guardian, you have to account, take an oath, file a plan, and report on your parents well being and their money. You have to justify spending every dime that you do for their benefit and you have to account for every penny.  Are you set up for this or do you know who to hire?
4. Avoid guardianship litigation and family fights.  Often, family members fight in the probate court Delray Beach over who will be guardian or who will control the money. Probate lawyers Boynton Beach and courts can see right through this if brothers are fighting sisters or step children are fighting mom or dad’s last spouse just to fight.  Be cautious.  Are you in the Florida guardianship court truly because you are concerned about mom or dad , or are you there because you are concerned about your inheritance?  You should be looking to place the interests of your mom or dad first, and not use the Florida guardianship proceeding to fight your sister or brother that you don’t like, or to bully mom or dad’s last husband or wife.
5. Pay your own guardian attorneys?    A common question for an adult child or step child is: will the guardianship pay for my probate attorney?   Can you, the guardianship lawyer Palm Beach, get paid from the guardianship?  Guardianship litigation is expensive. Guardian hearings and hearings on incapacity and the determination of who will be the guardian in Florida require evidence, witnesses and documents:  a guardianship trial, a “hearing”. Don’t think that mom or dad is going to pay your guardianship litigation lawyer Palm Beach, necessarily.  You may have to pay your own way.   While it’s true that you can make a fee petition to the probate court, you should expect to pay your own way.