At the Law Offices of Frye & Vazquez, PL, in Florida, we understand how difficult your life becomes if your parent or another family member becomes incapacitated to the point where (s)he cannot manage some or all of his or her own affairs. For instance, you may discover that your elderly parent is neglecting his or her personal hygiene, failing to pay bills on time, mishandling his or her medications, or having any number of other difficulties.
Ideally, everyone would keep their mental and physical faculties until their final days. However, as we at the Law Offices of Frye & Vazquez, P.L., are aware, this scenario does not occur for every Florida resident. Whether you are suffering from a degenerative age-related condition or you experience an unexpected accident that leaves you incapacitated, leaving this life in perfect health is not guaranteed.
In many cases, a family member is named a legal guardian of a child if the child's parents pass away before the child turns 18. The preferred guardian is usually named in the parents' will. however, as our team at the Law Offices of Frye & Vazquez, P.L., understands, some circumstances may warrant an adult taking on the legal responsibility to raise a child even if the parents are still living. You and other Florida residents may be interested in learning how this can occur, as well as the challenges you might face if you become the guardian of a child whose parents lost their rights.
You might breathe a sigh of relief knowing that your aging parents are being cared for by a family member, such as one of your siblings or one of their adult grandchildren. However, as time passes, you might notice things that make you wonder if your relative is not providing the type of care you would want for your parents. At the Law Offices of Frye & Vazquez, P.L., we believe all elderly Florida residents deserve to be treated with dignity, kindness and respect in their final years.
It can be heartbreaking to see your parents' physical and cognitive abilities decline in their golden years. They took care of you, and now you worry that others might take advantage of them. At the Law Offices of Frye & Vazquez, P.L., we understand there are many scams in Florida and elsewhere that target vulnerable elderly citizens, and we are prepared to assist you in keeping this from happening to your parents.
Florida elder law is designed to protect aging individuals, sometimes in cases when they are unable to make healthy and competent decisions on their own. However, these protections come with a cost: One must place one's trust in an appointed guardian. Guardianship should be established carefully, regardless of the fact that it is a relatively straightforward process in the state.
Legally entrusting one with another's decision-making authority is a significant action. Thus, most might assume that not just anyone in Miami can be empowered with such responsibility. However, were one to take a high-level glimpse at Florida's guardianship requirements, he or she might think them to be extremely lax. Technically, any adult resident of the state (or non-resident that is related to the proposed ward and has not been convicted of a felony) can serve in this role. Yet this does not mean that there are not more requirements placed on potential guardians.
Many Miami residents have come us here at The Law Offices of Frye & Vazquez, P.L. after having had a loved one committed to a guardianship convinced that those parties will become the targets of financial exploitation and abuse. If you share this same concern, your fears likely rise from the assumption that when one is determined to be incapacitated, all of his or her rights and decision-making powers are essentially revoked. Yet even when one becomes the ward of a guardian, he or she does still retain basic freedoms.
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.
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.