Finding a good Florida guardianship lawyer should not be hard. There are, after all, dozens of so called “elder law” attorneys and “guardianship attorneys.” But if you are in a “fight” or a contested guardianship, don’t you need firepower? A guardianship trial attorney? A December 15, 2021 case lets you get up to speed very quickly on some of the most important legal principles. To see a number of FREE FLORIDA GUARDIANSHIP VIDEOS, simply click those words.
What You Need to Read
How can you learn the basic “legal stuff” about guardianships quickly? There are four things to read.
- The Florida Guardianship Code. Chapter 744 of the Florida Statutes is our Guardianship Code. That is an excellent place to start. It sets for the basic legal concepts, some procedural time frames and legal rights.
- Second, consider reading the Florida Probate Rules. Why? Because there are special rules for guardianships. See Part III to the Rules.
- I know that everyone has see the Netflix film, I Care a Lot, or have read about the Britney Spears guardianship. But in Florida, you might consider taking your cues from serious, experienced guardianship trial attorneys.
- Read Florida Appellate Opinions. These are written legal opinions from our District Courts of Appeal. There is a December 15, 2021 opinion from the 3rd District Court of Appeal. That court handles appeals for Miami-Dade County. Let’s see what we can learn from their opinion in the In Re: Guardianship of Ash.
Florida Guardianship Lawyer — do I really need one?
Here are some basic, but important principles about Florida Guardianship.
- An appellate court may review who the probate court appoints as the Guardian;
- The public policy of the State of Florida for Guardianship Law is the best interests of the person who is the subject of the guardianship;
- The court should be acting in the best interests of the Ward;
- A person who is believed to be vulnerable or needing assistance is called an Alleged Incapacitated Person;
- Once a probate court determines that an AIP lacks capacity, they refer to that person as the Ward;
- A Guardianship Court (the probate division) and the Guardian may protect one’s property and the Wards’ rights;
- Guardianship Courts are courts of equity.