Orlando-Area Guardianship Attorneys

At Pohl & Short, P.A., our trusts and estates department provides compassionate, experienced representation for people throughout Florida who are seeking guardianships over loved ones who are suffering from incapacity. If your loved one is no longer able to make good decisions about his or her finances or welfare, we can assist you with a petition for guardianship over some or all of that person's rights.

To schedule your appointment about guardianships, contact us by phone or e-mail.

Guardianships for Incapacitated Adults

Guardianships are granted to assist people who are legally incapacitated, which is to say that they are unable to make decisions in their own best interest about issues such as finances and health care.

A guardian is given legal authority to make decisions in some or all areas of the incapacitated person's life. A guardian is required to act with due care and in the ward's best interest.

Guardianships can by sought by any adult, and are granted through a probate proceeding in court. The person in question may be found totally or partially incapacitated due to Alzheimer's disease, dementia, or another profoundly disabling mental or physical disorder.

Adult guardianships are also necessary when children with certain developmental disabilities reach age 18. People with disorders such as Down syndrome, autism spectrum disorder, Fragile X syndrome, FASD or other disorders affecting cognition or daily functioning may be legally unable to make financial and personal welfare decisions.

When these children are minors, their parents are natural guardians with the legal authority to make decisions on behalf of their children. When they reach the age of 18, the natural guardianship of the parent expires and must be reinstituted by a court. Therefore, parents of children with substantial disabilities need to seek legal guardianship over those children once they turn 18.

Guardians for Minor Children

Parents should take care to appoint a guardian over their minor children to take over in the event they die or become incapacitated. This is typically done as a part of estate planning by naming the desired guardian in the parents' wills, but it can also be done by filing a written declaration with the Clerk of the Court.

A legal guardian may also be required when a minor receives an inheritance, an award in litigation, or an insurance settlement exceeding $15,000. If you have questions about whether you need to seek legal guardianship over a child because he or she has received a substantial sum of money, you should ask a lawyer.

Discuss seeking a guardianship with one of our experienced attorneys. To schedule your appointment, contact Pohl & Short by phone or e-mail.