Contact us today to schedule your consultation! 407-477-4143

Guardianships

If you are undergoing guardianship proceedings or are considering guardianship for a loved one, you need an experienced attorney to assist you in the process. Whether you are seeking guardianship for a minor, a developmentally disabled adult, or an incapacitated adult, the Law Offices of Smith & Kurbatova have Orlando attorneys available to discuss your options. Based in Casselberry, our firm has experience in guardianship cases within the state of Florida, and you can trust that our attorneys will use that experience to represent your best interest.

DEFINING GUARDIANSHIP

A ward is an incapacitated person or a minor who is unable to make sound decisions for themselves, while a guardian is court-appointed to make decisions on behalf of the ward. Guardianship is the legal process of determining incapacity of the ward (if applicable) and appointing a suitable guardian.

MINORS

In regard to minors, there are two types of guardianship cases: property of a minor and the person of a minor. Guardianship of property of a minor occurs when a child under eighteen years of age receives an inheritance or some other property in which the value exceeds the amount allowed by statute. The minor then requires guardianship of property so that an adult may make decisions pertaining to that property.

Guardianship of the person of a minor is necessary when a child does not have someone to care for them, whether due to a parent's death or an inability to care for the child. In such circumstances, an adult must be chosen to provide personal care of the minor. In both cases of guardianship of a minor having an experienced attorney is important, and our Central Florida firm is available to work with those seeking to become a guardian. We can evaluate your case and provide guidance throughout the entire process, representing you and your ward's best interest.

ADULTS

When a developmentally disabled child becomes a legal adult, taking care of that person becomes difficult, as parents are then legally unable to make decisions for their child. This is of particular issue in regard to health care, which is of upmost importance and can require difficult decisions. In order for parents to continue taking care of their developmentally disabled son or daughter, guardianship must be determined.

In fact, when any adult shows signs of mental or physical incapacity to make daily decisions, guardianship may be the best option to guarantee their best interest. Outside of guardianship, options include power of attorney or setting up a trust, but these are not viable for all circumstances. Our Orlando attorneys can help determine the best course of action for your loved one, and if guardianship is the appropriate solution, we will be there through every step of the process. Our boutique firm knows the Florida laws and will work to help you achieve the best outcome for your loved one. Contact our Casselberry office at (407) 477-4143 to schedule a consultation.

ALTERNATIVES TO GUARDIANSHIP

As mentioned above, there are alternatives to guardianship that may be more suitable. For minors, having a will that designates a guardian for your children upon your death eases the process and guarantees that your wishes are met. Guardianship of property of a minor can even be avoided with a will that details inheritance. In the case of incapacitated adults, a trust can give someone else the power to take care of assets without being a guardian.

Our Orlando attorneys have experience with wills and trusts and can advise clients with any circumstances. For more information, please see our page on wills/trusts in "Areas of Law." Our attorneys are available to discuss your options, so call our Casselberry office to schedule a consultation.

Talk to a lawyer directly. Talk to us.