Jump to Navigation

Guardianships & Conservatorships Archives

Detailing public guardian accountability standards

Like many of those who have elderly loved ones living in Miami, you may agree with the decision to place your aging family member or friend under the care of a guardian. However, the circumstances of your loved one's case may leave him or her as a ward of a public guardian. Many come to us here at The Law Offices of Frye & Vazquez, P.L. after family members or friends have been placed in such a situation. If this describes your case, you likely share their concern regarding what accountability the court places on such a professional. 

The difference between guardianship and conservatorship

Florida residents who are dealing with matters of legal guardianship or conservatorship may wish to know the differences between the two categories. Though they cover similar purposes, they do apply to different situations.

The process for establishing a guardian

Appointing a guardian is a great way to ensure that you and your family are taken care of if you ever become incapable of making decisions on your own. If you are preparing to take this important step and assign a guardian in Florida, there are a few things to keep in mind. We at the Law Offices of Frye and Vazquez can help you ensure that you follow all rules and regulations as you plan for the future of your family.

Can you ask the court to monitor a guardian’s actions?

It is always difficult to see your loved one assigned to be the ward of a professional guardian in Miami. Yours and your loved one’s lack of a personal relationship with the guardian is likely the main source of your reservations. Stories of professional guardians abusing the authority entrusted to them are out there, which may be perceived as an implication that they can operate with impunity. Yet are there ways for you to monitor a guardian’s actions?

Defining types of guardianship abuse

One of the main reasons that Miami residents are encouraged to see to their estate planning early on in their lives to protect themselves and their assets in the event that they become incapacitated. Those who do not risk their decision-making power being handed over to a professional guardian, who may be someone to whom they or their families have no connection with whatsoever. While the law does require that professional guardians be subjected to rigorous background screening and undergo several hours of specialized training, guardianship abuse remains a problem. The United States Government Accountability Office reports that between 1990 and 2010, select cases of guardianship abuse resulted in $5.4 million being stolen from wards.

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. 

2015 top 100 lawyer ASLA
Avvo Rating Excellent Top Attorney Estate Planning
Subscribe To This Blog's Feed

Contact Form

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

FindLaw Network