When a person becomes incapacitated, if there has been no prior incapacity planning, and the person is not able to care for himself/herself, the probate courts become involved and the judges oversee all aspects of the incapacitated person’s life (including the person’s care as well as his/her finances). This legal proceeding is known as a guardianship. There are guardianships for both the elderly who are not able to care for themselves and for minors (i.e. those under 18 years of age in Florida). Normally the mother and father of a child are considered his/her natural guardians. Under Florida law, the natural guardians are authorized to receive settlements, devises, and distributions on behalf of the minor if the net payment is $15,000 or less. However, if the minor receives more than $15,000 a judicially supervised guardianship must be created.

Judicially supervised guardianships are subject to rigid statutory and procedural requirements. With the assistance of Gottlieb & Gottlieb attorneys who have significant experience in the field, a guardian may satisfy these strict guidelines. Specifically, we can assist you in the following areas:

  • Petition to Determine Incapacity
  • Petition for Appointment of Guardian
  • Preparation of Initial Plan and Inventory
  • Preparation of Annual Plans and Annual Accountings
  • Establishment of Annual Budgets
  • Guardianship Administration

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