Guardianship of Minors
Surrogate Decision-Maker
In Florida a guardian is considered a surrogate decision-maker that is
appointed by the court to make personal and financial decisions for a
minor. After
guardianship is adjudicated, the minor is referred to as the "ward."
Under certain circumstances, Florida law allows for the appointment of
a guardian for a minor when the parents die, or are otherwise unable to
care for their child, or when the child receives an inheritance or proceeds
from a lawsuit or an insurance policy in an amount that exceeds $15,000.
Guardianship of a minor is an ethical and legal relationship between the
guardian and the ward; it involves many court-mandated responsibilities
regarding the basic rights of another human being. When you are considering
guardianship, it's essential that you consult with a
Miami probate attorney who can advise you of all appropriate, technical and fiduciary matters
pertaining to guardianship and court procedures.
Being a guardian means that you will take care of the ward to the best
of your abilities, while safeguarding his or her rights, preserving their
dignity, and improving the quality of their life.
When considering the appointment of a guardian, the court gives preference
to individuals who are related by blood or marriage; has relevant educational,
professional or business experience; has the capacity to manage the finances
involved; and who is able to meet the requirements of the law as well
as the unique needs of the individual.
Contact a Miami Guardianship Attorney
A preneed guardian is someone named in a written declaration to serve as
a guardian in the event that a parent becomes
incapacitated or dies. A parent can nominate a preneed guardian for their minor child
in the event something was to happen to them. This declaration must clearly
identify the preneed guardian and be signed in the presence of at least
two attesting witnesses and executed by both parents if living.
To obtain more information regarding a guardian's duties and responsibilities,
I urge you to
contact me to schedule a consultation. With over 45 years of experience handling
guardianship proceedings and as an AV® Rated attorney by Martindale-Hubbell®,
I am more than qualified to assist you.
I proudly serve clients in Miami, Coral Gables, and the surrounding areas.