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Guardianship Attorney | Orlando

Our entire family works together to take care of our mother. Can we be paid for the things we do for her?

What if someone had filed a petition to appoint a guardian for me?

What is the difference between a guardian of the person and a guardian of the property?

What is the difference between a guardian of the person and a guardian of the property?

If a loved one in your life has lost their capacity to make informed, rational decisions regarding their finances or medical care, they may require a guardian to take over these important responsibilities. Whether their faculties have been worn by age and dementia, they suffered a traumatic brain injury, or an adult child has a mental handicap, a guardianship is likely the answer. Guardians are typically a trusted family member or close friend of the ‘ward’ (the person whom the guardianship is for). Setting up a guardianship is a complex process, and requires going to court with evidence that supports the merits of your intentions. It is necessary to work with an Orlando guardianship attorney throughout the guardianship process. We encourage you to contact us at Sperling Ducker PLC today.

Who Benefits from an Adult Guardianship?

In order for an adult in Florida to be considered “incapacitated” by the court and their legal decision making rights be given up to be placed in the hands of a guardian, there must be a thorough examination. This comprehensive examination must include the following, unless an explanation is provided for why one of the criteria is unnecessary:

  • A physical examination;
  • A mental health examination; and
  • A functional assessment.

Common types of conditions that qualify an incapacitated person to become a ward include the following:

  • Dementia and Alzheimer’s – 5.5 million Americans are currently living with Alzheimer’s or dementia, according to the Alzheimer’s Association. Furthermore, 10 percent of all Americans over the age of 65 have Alzheimer’s. Today, someone in the U.S. develops Alzheimer’s every 66 seconds. By mid-century, because the older population will be much larger, someone will develop Alzheimer’s every 33 seconds. Dementia and Alzheimer’s reduce the person’s ability to remember short-term and long-term events, cause confusion, and sets the patient up to be a victim of financial fraud.
  • Adults with Disabilities – According to statistics, there are more than three million cases of intellectual disability (ID) per year for those 18 years old or older. Intellectual disabilities vary in range of severity, with the most serious cases rendering the individual entirely incapable of making decisions about their health, finances, or daily life activities.
  • Serious Injury or Illness – A serious injury, such as a traumatic brain injury or coma may qualify a person as incapacitated, as well. If a loved one was in a serious accident or fell ill, you may be able to become their guardian if the court deems them incompetent.

Helping Clients With all Varieties of Adult Guardianships

Our Orlando adult guardianship lawyers have experience helping clients with all areas of guardianship law. We help establish adult guardianships, we contest decisions made by wards of guardians, and we fight the establishment of adult guardianships. Becoming a guardian or fighting against a guardian’s poor decisions are challenging as well as taxing prospects, and you need an attorney that knows how to accomplish the job.
Contact Sperling Ducker PLC today for help.

Do you have a loved one who is ill and unable to make decisions for themselves? Not sure how to plan for you or a loved one’s elder care? If you are seeking legal representation contact Sperling Ducker PLC, Attorneys and Counselors at Law. Call us at 407-645-3297 or send us a send us a message. Visit our Winter Park and Orlando office. Sperling Ducker serves Altamonte Springs, Longwood, Maitland, Orlando, Oviedo, Winter Garden, Winter Park and Winter Springs and surrounding areas.

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Sperling Ducker serves Altamonte Springs, Apopka, Kissimmee, Lake Mary, Longwood, Maitland, Ocoee, Orlando, Oviedo, Sanford, St Cloud, Windermere, Winter Garden, Winter Park and Winter Springs as well as Orange County, Osceola County and Seminole County, Florida.
Sperling Ducker PLC
2020 Crosby Way
Winter Park, FL 32792
200 E. Robinson St.
Suite #1500
Orlando, FL 32801
P: 407.645.3297 F: 407.645.3298