Who Can Object To A Guardianship In Florida?
The main people who are going to object to a guardianship are interested persons or next of kin. “Next of kin” is defined as the closest relatives who are living. An unmarried 80-year-old man’s next of kin is his children. If he doesn’t have any living children, it would be his grandchildren. If he doesn’t have any grandchildren, it would be his parents or siblings. The people with the closest level of relationship to the alleged incapacitated person can object to the guardianship proceeding. Also, if a person has rights that are going to be affected by the appointment of the guardian, then that person has the right to object to a guardianship proceeding.
How Do I Object To a Guardian Before He Or She Has Been Appointed?
To object before someone is appointed as guardian, you need to consider hiring a guardianship attorney to assess your standing, your case, and your rights, and to file relevant objections to the proceedings and seek evidence in connection with your objection. You are certainly able to file something in the court files, in response to guardianship, but you carry much more weight if you have an attorney representing your interests and rights.
How Does The Process Differ After The Appointment Has Been Made?
After the appointment of a guardian, the second phase of the guardianship begins. During this phase, the guardian needs to tell all relevant people what the ward’s assets are. Then, annually, the guardian must tell all these people how they spent the ward’s money, in a detailed accounting. Every year, the guardian must also take the ward to the doctor and complete a guardianship plan stating what the guardian plans to do for the ward’s care over the course of the next year. Lastly, if the guardian plans to do anything major, like selling an asset or moving the ward, the guardian is going to need to seek a court order approving that decision, after giving notice to all relevant parties. After the appointment of the guardian, there is plenty of notice and opportunity to object to their actions.
What Is An Emergency Guardianship?
An emergency guardianship is a precursor to the appointment of a guardian. It is done when the circumstances arising to the guardianship show that there is going to be extreme harm to the incapacitated person, or that the incapacitated person’s assets are going to be wasted or misappropriated. An emergency temporary guardianship is done very quickly to freeze assets and name someone to make decisions in place of the incapacitated person until a final guardian is appointed.
How Are Emergency Guardianships Created?
Emergency guardianships are created by filing a petition to appoint an emergency temporary guardian. In Florida, before an emergency temporary guardian is appointed, the judge must appoint an attorney to represent the ward. That attorney must visit the ward and review the claims with the ward, with a hearing following very quickly after that meeting. The purpose of that meeting and hearing is to advise the judge whether the claims made in the temporary emergency guardianship petition are accurate and give rise to the need to appoint someone on an emergency basis. The emergency temporary guardian usually gets appointed right after the hearing.
Do I Need An Attorney To Get The Emergency Guardianship?
Except in very limited circumstances regarding adult disabled children and a guardian advocacy, all guardians must be represented by an attorney. This is due to the complexity and the seriousness of a guardianship proceeding.
What Are The Duties Of An Emergency Guardian?
The duties of an emergency guardian are usually set out in the order appointing the emergency temporary guardian. The proceeding appointing an emergency temporary guardian should be very limited in scope and authority. The emergency temporary guardian can stabilize someone’s situation until a full-on guardian is appointed. It is extremely limited in scope and acutely relevant to the incapacitated person’s specific needs.
How Long Does Temporary Guardianships Last?
Under Florida Law, emergency temporary guardianship should only last 90 days. If, however, a full-on plenary guardian is needed but has not been appointed, the emergency temporary guardian can last longer than 90 days with court approval.
For more information on Objections To Guardianship In Florida, an initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (904) 398-6100 today.
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