Guardianship Attorney | Orlando
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. A guardian will take over significant responsibilities. A guardianship is the solution, whether they have declined from age and dementia, they suffered a severe brain injury, or they are an adult with a mental handicap. Guardians are typically a trusted family member or close friend of the ‘ward’ (the person for 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 Aubrey Law today.
What Qualifies You For 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. First, 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
- 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
Watch: Once I appoint a health care agent, can I change my mind?
Helping Clients With all Varieties of Adult Guardianships
Our Orlando adult guardianship lawyers have experience helping clients with all areas of guardianship law. Aubrey Law establishes adult guardianships. Aubrey Law contests 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 Aubrey Law 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 Aubrey Law, Attorneys and Counselors at Law. Our attorneys handle every legal representation from family law to elder law. Call us at (407) 647-7887 or send us a send us a message. Visit Aubrey Law’s Office. Aubrey Law serves Altamonte Springs, Longwood, Maitland, Orlando, Oviedo, Winter Garden, Winter Park and Winter Springs and surrounding areas.