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What is guardianship and who needs it? 

Guardianship is a legal proceeding that appoints a person or an institution to exercise rights of another person for the benefit of that person. Guardianship is a court-supervised process and use of an attorney is required by Florida law. Any person that has an incapacity, physical, mental or by reason of young age, can have a guardian appointed for him or her. Usually, a family member, with help of an experienced guardianship attorney, is the one to ask the court to be appointed guardian over a loved one who cannot take care of him- or herself. Click HERE to schedule a 15 minute telephone call with attorney Natalia Bevilacqua regarding your family’s need for guardianship.

What are the main types of Guardianship in Florida? 

Guardianship over another can be of person, of property or both, called plenary guardianship. Most commonly, adult children, or other family members, seek guardianship over an aging parent ailed by Alzheimers or Dementia. Another common scenario is shortly before a developmentally disabled child turns 18, his or her parents seek guardianship over that child who is about to legally become an adult. Lastly, in the terrible event of a minor child left without both parents, or a minor child having significant assets, or ownership in real estate, relatives must apply to the appropriate court to become guardian of that child’s person and/or property. Click HERE to schedule a 15 minute telephone call with attorney Natalia Bevilacqua regarding your family’s need for guardianship.

Who qualifies to serve as a guardian in Florida?

A competent adult who has not been convicted of a Felony or certain other crimes described in Florida Statute 744.309 is eligible to become a guardian.  A resident of Florida may be appointed as guardian for a non-relative.  A non-resident of Florida can only serve as a guardian for a family member.