Florida Guardianship Attorneys Help Protect Incapacitated Adults’ Finances and Property

Delray Beach & Palm Beach County lawyers advise and represent conservators

If your loved one is unable to manage their affairs because of old age or a mental or physical disability, a guardianship may be established to see to their healthcare, finances and other affairs. The guardianship lawyers at Bankier, Snelling, Zakin & Arlen, PLLC are experienced in helping Florida residents with the legal process necessary to create such arrangements.

What is a guardianship?

A conservator is appointed by a court to manage the affairs of an adult who is incapable of handling their own finances and other property, known as the conservatee. A conservator is similar to a guardian in that they both make healthcare and other personal decisions for an incapacitated person. The conservator has a fiduciary duty to conduct their assigned responsibilities in the best interests of the conservatee. If you are considering a guardianship, we can explain how it works in greater detail and help create one if you believe your loved one requires it.

When is a guardianship needed?

A guardianship might be necessary if the person in question has a mental illness or disability, such as a coma, dementia, psychosis, mobility issues or a severe brain injury, that renders them unable to manage their own affairs. It might also be necessary if the person is missing or is interned in a foreign country. 

Types of guardianship

A guardianship can plenary in scope, which means the conservator has complete authority over the conservatee, or it can be limited, pertaining to one aspect of the conservatee’s affairs, such as their finances. A guardianship may be permanent or temporary, depending on whether or not the conservatee’s condition is expected to materially improve. We can help determine which type of conservative your loved one needs and assemble the evidence necessary to gain court approval.

Creating and supervising a guardianship in Florida

To create a guardianship, you must file a petition in court explaining why one is necessary. The court will hold a hearing to receive evidence in support of your request and to hear any objections to it from interested parties. If the court finds sufficient grounds for a guardianship, it will appoint a conservator. Typically, the person petitioning for a guardianship is appointed as conservator if the court is convinced of their eligibility. A conservator should be a trustworthy and financially capable adult. They may be a member of the family, a friend or a professional conservator. We are experienced in representing parties seeking guardianship and can help you gain an appointment if appropriate.

Powers and duties of conservators in Florida

The conservator manages the conservatee’s assets and makes any other decisions that are within the scope of the guardianship . The conservator has a fiduciary duty to act in the best interests of the conservatee and is required to file periodic reports with the court. The conservator is entitled to reasonable compensation for performing this role. The conservatee has a right to complain about any misconduct by the conservator and to request termination of the guardianship by showing good cause. Contests can also come from other interested parties claiming financial misfeasance or other wrongdoing by the conservator. We can advise you on your rights and duties as a conservator and represent you if you are facing a challenge.

Contact our Palm Beach County guardianship law firm to protect your assets

If you need advice and representation to create or manage a guardianship in Florida, contact the attorneys at Bankier, Snelling, Zakin & Arlen, PLLC in Delray Beach. Call us at 561-278-3110 or contact us online.