Guardianship

The Will Nelson Law Firm

The Will Nelson Law Firm

The term “guardianship” involves one person having the legal status of make decisions for another person.  A guardianship may be necessary to manage the financial affairs of an individual, or to make decisions regarding health care and everyday needs of a person, or in some circumstances both. Sometimes a guardianship is necessary to provide for the needs of a minor (a person under the age of 18 years) or to manage the affairs of an aging person or assist an individual with special needs. In some cases, a third-party (such as a grandparent, aunt or uncle or other family member) may need to establish a guardianship to care for a child when parents are unable to do so.

When an action for guardianship is filed, the person requesting the guardianship, called the “petitioner”, is asking that a court recognize the need for the guardianship and issue documents to the proposed guardian which allows that person to make decisions (including, in some cases, financial decisions) on behalf of another individual.  The proposed guardian is often the petitioner, but a petitioner can request that any qualified individual serve as guardian, including a professional guardian.  The Court will consider an application filed by the proposed guardian which includes extensive information regarding the qualifications and history of the individual.

If you have questions regarding the process for establishing a guardianship in Escambia County, Florida or need assistance in determining whether a guardianship may be appropriate:

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