Estate planning should include planning for problems that can arise while the individual is still alive, such as problems that result in incapacity or other diminished ability to function.  This is particularly critical for elder clients.  Powers of attorney, living wills, and designations of health care surrogate and preneed guardian should be addressed when drafting wills or other estate planning documents.  There are several mechanisms designed to deal with some or all of the problems of incapacity: court-appointed guardianship and voluntary guardianship; joint bank accounts; representative payeeships; revocable living trusts; powers of attorney; and “advanced directives” (living wills and designations of health care surrogate and preneed guardian).  Court-appointed guardianships and voluntary guardianships may be necessary if there is no durable power of attorney or standby trust, and in circumstances in which instruments drafted do not address the particular circumstances involved.  The Darby Law Group handles all aspects of all types of guardianships from the determination of incapacity and the appointment of the guardian through the guardianship administration.

A Florida Guardianship Attorney may be needed for a variety of reasons – an elderly person becomes incapacitated and can no longer manage their property or be by themselves; a minor child loses their parents or inherits property valued at more than $15,000; a disabled child turns 18 years old and the parent can no longer make legal or healthcare decisions for the disabled child. Establishing a Guardianship requires the use of an attorney and the Law Offices of Gerald L Hemness P.A. can help in the following ways:

• Preparing the Petitions to Determine Incapacity and to Appoint a Guardian, and attending those hearings with the potential guardian.
• Helping the guardian file an inventory of the Ward’s assets and a plan on how the Ward will be cared for (this must be done on an annual basis).
• Helping family members set up special needs trusts for disabled beneficiaries.
• Working with personal injury attorneys or individuals to establish a guardianship over the property for a minor who is the beneficiary of a settlement.
• Working with the guardian to be discharged at the end of the case (death, age of maturity, restoration of capacity, transfer of guardianship out-of-state).

We work with potential guardians to set up the guardianship whether it be for a minor child, an incapacitated adult, or a disabled adult child. At the Law Office of Gerald L. Hemness P.A., our attorneys have extensive experience working with the elderly, mentally ill, and disabled individuals and their families concerning guardianships and related matters.