Notice: Due to COVID-19, we will be conducting all consultations either via phone, email or regular mail. If you need any documentation signed or dropped off, feel free to drop it off through our office door mail slot. Please don’t hesitate to contact us if you have any questions!

Incapacitated Persons

  • My Highest
    Honor Is
    Representing You

    I am dedicated to providing legal services focused on integrity and diligence.

    Hire Someone You Trust
  • More Than
    45 Years' Experience

    With decades of hands-on experience, I can provide the legal services you need.

    Hire Someone With Experience
  • Representing Your Relative‚Äôs Best Interest

    When administering their estate, I will honor your loved one's wishes.

    Let Me Help Your Family
  • Offering

    I am here to assist you with all your probate and estate planning needs.

    Schedule Your Consultation

Incapacitated Persons

Guardianship for Adults with Physical or Mental Disabilities

When an adult is no longer physically or mentally able to make important decisions regarding their health, finances or property, they may be appointed a guardian by the courts. A guardian is a surrogate decision-maker who is appointed by the court to make important financial and personal decisions for an adult with mental and/or physical disabilities. Once the court has appointed a guardian, the person they are taking care of is referred to as the "ward."

Under certain circumstances an adult's ability to make decisions can become significantly impaired. Such circumstances may involve Alzheimer's disease, old age, or severe mental illness. Whenever a physical or mental condition causes disruption in the person's ability to provide for his or her own basic needs such as food, clothing, shelter and transportation, or when there is severe impairment in concentration, memory, thinking, or the presence of delusions or hallucinations, it may be in the person's best interests to obtain a guardian to manage their affairs.

What is adult guardianship?

Adult guardianship is the court process where the court determines that an adult's ability to make decisions is impaired. In effect, the court gives the right to make important decisions to another individual or entity. The court operates on the premise that the least restrictive form of guardianship is the most desirable, providing it's in the ward's best interests.

There are a number of court-mandated responsibilities bestowed upon the guardian:

  • The guardian is expected to act honorably all the while protecting the ward's best interests and improving the ward's quality of life.
  • The proposed guardian must be represented by an attorney.

An adult also has the right to voluntarily petition the court for the appointment of a guardian when he or she is incapable of managing their own care and estate; such petitions are generally incited by the infirmities of old age.

Contact a Miami Guardianship Lawyer

As a Coral Gables guardianship attorney with over three decades of experience, I can assist you in filing a petition to determine incapacity. I have received the AV® Rating from Martindale-Hubbell®, which is the highest rating a lawyer can receive for legal ability and ethical conduct. I also offer Spanish speaking services and reasonable attorney fees.

Contact me today to learn more about the duties involved in adult guardianship and how I can help you.

Frequently Asked Questions

What is the difference between a living will and a power of attorney? A living will is a legal document that states what type of medical care you wish or do not wish to receive should you become unable to voice your opinions. A power of attorney is a document that you write that appoints someone to make medical decisions on your behalf.
Read More FAQs