Ocala · The Villages · Gainesville · Central Florida · Florida’s Nature Coast
If an individual has become incapacitated and has not previously put in place the tools that allow someone else to act upon their behalf, a guardianship may become necessary to allow management of financial assets and to make certain health care decisions for the incapacitated person.
A guardian can assume control over the finances and health care decisions of an incapacitated person through court appointment. Mrs. Shealy Rauba has represented petitioners, guardians, and alleged incapacitated persons throughout the entire guardianship process. If you are in need of a guardian, or are interested in becoming a guardian, contact our guardianship lawyers today.
When a child turns 18, parents no longer have the legal authority to make decisions upon his or her behalf. Guardian Advocacy is a process under Florida Statutes for family members, caregivers, or friends of individuals with a developmental disability to obtain the authority to act upon their behalf.
While Florida law no longer requires that you have an attorney in a Guardian Advocacy proceeding, unless the person with the developmental disability has property, having an attorney may be helpful in filing all of the necessary pleadings and guiding you through the court process. Mrs. Shealy Rauba is experienced in representing families and the developmentally disabled in Guardian Advocacy proceedings.
Please contact McGraw, Rauba & Mutarelli to schedule a guardianship consultation.
Talk to us about your matter
McGraw, Rauba & Mutarelli provides legal consultation for the different types of guardianship in the state of Florida. Here are answers to some common questions pertaining to naming a guardian.
Yes. When an individual becomes incapacitated (due to an injury or other unfortunate circumstance), he/she becomes a ward. The ward’s business, health, financial and legal matters will need to be supervised and handled during the ward’s incapacitation. In these types of cases, a Guardianship may be assigned so that a trustworthy individual is able to handle the ward’s person and property.
A Guardianship Advocacy, on the other hand, is appointed to individuals who suffer from severe handicaps or disabilities that prevent them from basic cognitive and physical functionings. In order for a Guardianship Advocacy to be established, medical proof must be submitted.
Whether you need a Guardian or a Guardian Advocacy, you will certainly need the experience and guidance of an Ocala guardianship attorney.
A Pre-Need Guardian is a guardian that is declared by a ward before he/she becomes incapacitated. Establishing a Pre-Need Guardian allows you to protect yourself and your property early on. For assistance with establishing a Pre-Need Guardian, consider hiring a guardianship lawyer in Ocala, FL.
A Power of Attorney (POA) is a legal document that appoints a representative to manage one’s affairs, including business and financial transactions, when an individual is unable to tend to these matters on his/her own. A Health Care Surrogate serves as a health care representative. This individual often approves treatment plans and signs medical consent forms on the ward’s behalf.
If your father has an illness, is over the age of 65, or is at risk for a lower life expectancy, then he should begin appointing such representatives. If your father becomes incapacitated without them, the court will appoint qualified individuals to handle your father’s legal and health concerns. Although these representatives may not have been hand selected by your father, you should trust that courts take appointments seriously and will assign a POA and Health Care Surrogate who are responsible, capable and trustworthy.
A Plenary Guardian has total, full and comprehensive duties and rights to a ward’s person and property. A Limited Guardian, on the other hand, may only handle affairs that he/she is specifically assigned.
The first thing that you should do is to carefully consider the qualities that you want your Guardian to possess. If you have someone in mind, ask the individual how he/she feels about serving as a Guardian to your children in the event of your passing. This is beneficial because in some cases, appointed Guardians may decline their powers at a later date if they are uncomfortable with delivering the required tasks. Upon obtaining approval from your desired Guardian for your minor child, visit our guardianship and advocacy law firm in Ocala, FL. By working with our attorneys, you can draft a proper and effective will or trust that will be upheld after your passing. These documents should then be submitted to a court of law.
Yes. If you desire to govern decisions on the behalf of your developmentally disabled child beyond adulthood, you will need to establish Guardianship Advocacy.
Yes. If your minor children are named in a will, there is a high likelihood that there has been some sort of probate process of an individual’s estate. These types of proceedings require careful and specific laws that must be adhered to. Becoming a guardian provides you with the power and right to review, manage and discuss a child’s financial affairs, including inheritances.
01
Tell us the basics
Your name, the best number, and a few lines about the matter. Thats all we need to start!
02
03
You Hear Back
Usually the same business day, with next steps and what a first meeting would cover.
