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Guardianships & Conservatorships Archives

What are the qualifications to be a professional guardian?

The hope of many in Miami may be that if the day ever arises where they are no longer able to care for themselves, family members or friends will be able to step in and see to their needs. However, if you have a loved one who has reached that point, your circumstances may not allow you the time and resources needed to provide for him or her. If he or she is not able to afford a caregiver, then having him or her placed under the care of a professional guardian may need to be considered.

Religious differences set parents and guardian at odds

Many in Miami likely dread the prospect of not being able to make decisions for themselves. If and when they find themselves (or someone that they love) in such a circumstance, they may hope that another family member or friend will be given the right to make important decisions for them. Such choices can involve financial, medical, personal and even spiritual matters. Knowing this, it may be easy to see why one would only want someone that he or she trusts placed in the role of his or her decision maker. However, in some cases, the court may find it best to appoint guardian outside of one’s circle of family and friends.

What is a temporary emergency guardianship?

Few in Miami may seriously contemplate the possibility that they could end up in an incapacitated state where they may be unable to make decisions for themselves. This may be the reason why so many may fail to specifically name someone to act in their place should something like that happen. Yet unanticipated events could leave one of your friends or family members needing such representation almost at a moment’s notice. In such an event, you could petition to be named as his or her emergency temporary guardian.

Understanding who can be a guardian

You likely care deeply for your friends and family both inside and outside of Miami, and thus have a great interest in their well-being. Eventually, age, accidents or medical conditions may rob them of the ability to care for themselves. Many come to us here at The Law Offices of Frye and Vazquez, P.L. wondering who they can entrust with the care of their loved ones. If you have a child, parent, sibling or friend who may be incapable of caring for themselves, you may have the same question.

The different types of guardianships

It may be difficult for most in Miami to comprehend losing the ability to care for themselves. However, traumatic events or the effects of age can easily place one in the position of relying on a guardian to help meet his or her basic needs. While it is often the court (rather than the ward) who chooses who a guardian may be, it is important to understand that there are several different types of guardianships, each of which is allowed different degrees of authority. 

Restoring a ward's rights through a suggestion of capacity

For residents of Miami, the thought of having their decision-making privileges taken from them may seem completely foreign. While few people may believe a legal guardianship will ever be a part of their futures, statistics seem to suggest that such cases are more common than many may believe. According to the Florida Office of the State Courts Administrator, 6,381 guardianship cases where filed in the state in the 2012-2013 fiscal year alone.

Not all guardianships are created equal

It can be very difficult to come to terms with the fact that you or your loved one lacks the capacity to manage various medical, financial and lifestyle matters. Whether this deficiency stems from age or mental incapacity, it can be very upsetting to realize that someone else needs to step in to make certain decisions on that person's behalf.

The difference between guardianships and conservatorships

The dramatic advancement of modern medicine has led to longer life spans for many people in Florida. Unfortunately, the advances in ways to treat Alzheimer's disease and other forms of dementia have not kept pace with advances in the care of physical ailments. As more and more elderly people in the United States require assistance in making health-related and financial decisions, the presence of guardians and conservators in legal matters has increased. Many people may be interested in the differences between guardianships and conservatorships.

What does a guardian do?

In our last post, we examined a little more closely the role of a trustee, or the person assigned power and control over a trust. However, there are other people who can be assigned decision-making roles that impact a person's financial wishes. For instance, a guardian may be appointed in situations where a person -- referred to as the ward -- is incapacitated and cannot make decisions on his or her own.

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