Guardianship

At times it is necessary to appoint a guardian for our loved ones to help them take care of themselves, their finances and their property. As an experienced attorney, we will guide you through the process of appointing a guardian and determining the capacity of a loved one.

Our Merritt Island law firm, The Law Office of Brian W. Hurd, represents people throughout central Florida in matters of guardianship and elder law. Our clients are the families of people who have lost capacity due to age, illness or developmental disability. Many have loved ones who suffer from Alzheimer's or dementia and live in nursing homes or assisted living facilities. Their families want to take care of them in the best way possible, so they take legal action to protect their loved ones' interests.

The Guardianship Process

Establishing a guardianship can be an easy process, especially when all family members agree that it should be done. We generally begin the process by filing two petitions in Florida courts. We ask that the court determine the incapacity of the person to be subject to the guardianship, and we then ask the court to appoint a guardian. Sometimes, these issues are heard by the court separately at two different hearings, but they can be combined so that only one hearing is necessary.

Limited And Plenary Guardianships: A Merritt Island Attorney Helping You Get The Right Fit

Guardianship does not have to be a one-size-fits-all solution. It can be tailored to the needs of your family so that it best protects your loved one. Various family members or other caretakers can be appointed as the guardian. Further, the guardianship can be over the person (called a "limited guardian") or over both the person and property involved (called a "plenary guardian"). It may also be possible to establish a temporary guardianship until a loved one's capacity is restored.

In many cases, an elderly person may not be capable of taking care of all of his or her assets, but still has the capacity to make some decisions. In those cases, the guardianship can be tailored to allow the person the right to vote or make other important choices. Guardianship can help a family protect a loved one without taking that loved one's power away.

When A Guardian Isn't Acting In A Loved One's Best Interests

We also represent clients who are involved in conflicts related to a guardian's behavior. When a guardian fails to take proper care of an elderly or disabled ward - when a family makes allegations of wrongdoing - action can be taken in Florida courts. When wrongdoing such as theft, abuse or misuse of financial resources is found, the guardian can be removed.

Each case is different. No matter what you face, our goal is to take forceful and effective legal action with the best possible results in mind. We often work with private investigators, and we thoroughly review the evidence to make a strong case on our client's behalf.

Contact An Experienced Lawyer

To contact The Law Office of Brian W. Hurd, call 321-252-4687 or toll free at 877-409-1022 to speak with a knowledgeable Brevard County guardianship attorney. You may also complete an online contact form.