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Guardianship Proceedings, Guardianships for Minors
Aventura, Hollywood, Fort Lauderdale, Miami, Boca Raton
Dade, Broward, Palm Beach County

 

 

Guardianship Attorney Aventura Miami Florida | Hallandale HollywoodGuardianship
(305) 937-7280

 

A guardianship is a legal proceeding in the circuit courts of Florida in which a guardian is appointed to exercise the legal rights of an incapacitated person.

A guardian is an individual or institution such as a bank trust department appointed by the court to care for an incapacitated person-called a ward-or for the ward's assets.
Guardians must be represented by an attorney who will serve as "attorney of record." Guardians are usually required to furnish a bond and may be required to complete a court-approved training program. The Clerk of the Court reviews all annual reports of guardians of the person and property and presents them to the court for approval. A guardian who does not properly carry out his or her responsibilities may be removed.
 
If a person recovers in whole or part from the condition that caused him or her to be incapacitated, the court will have the ward reexamined and can restore some or all of the person's rights.
 
Types of Guardianships

     ► Guardian of the Property

     ► Guardian of the Person

     ► Plenary Guardian (Guardian of the Property and Person)

     ► Guardianship For Minors

If you would like more information on guardianships or how to commence a guardianship proceeding in Florida please contact Eric S. Kane, P.L. at (305) 937-7280.

The law office of Eric S. Kane, P.L. is located in Aventura, a municipality in Miami-Dade County, and serves clients throughout Miami, Miami-Dade County, Broward County, Palm Beach County, Martin County, Monroe County, Collier County, Lee County and all of Florida’s 67 counties.

The guardian of the ward’s property is given authority over any property of the ward. A guardian of the property shall inventory the property, invest it prudently, use it for the ward's support, and account for it by filing detailed annual reports with the court. In addition, the guardian must obtain court approval for certain financial transactions.

The guardian of the ward's person may exercise those rights that have been removed from the ward and delegated to the guardian, such as providing medical, mental and personal care services and determining the place and kind of residential setting best suited for the ward. The guardian of the person must also present to the court every year a detailed plan for the ward's care.

The plenary guardian is appointed to serve as both the guardian of the ward’s property and the guardian of the ward’s person.

A child's parents are the child's natural guardians and in general may act for the child. In circumstances where the parents die or become incapacitated or if a child receives an inheritance or proceeds of a lawsuit or insurance policy exceeding $15,000, the court must appoint a guardian. Both parents or a surviving parent may make and file with the Clerk of the Court a written declaration naming a guardian of the child's person or property to serve if both parents die or become incapacitated. A guardian may also be designated in a will or trust in which the child is a beneficiary.


Eric S. Kane, P.L. consistently represents clients’ legal needs for probate, estate planning, trust administration, wills and living wills, guardianship, and related matters with service to Aventura, Miami, Hallandale, North Miami, Miami Beach, Hollywood, Miramar, Wilton Manors, Ft. Lauderdale, Orlando, Jacksonville, Tampa, and all areas of Miami-Dade County, Broward County, Palm Beach County, and each county throughout Florida.

Most of the information appearing on this page is drawn verbatim from the Florida Bar Public Information Consumer Information Pamphlet on Guardianships. To review the original source material as published by the Florida Bar, simply click here.


The information you obtain at this site is not considered to be all inclusive, nor is it intended to be legal advice. Using this website does not create an attorney-client relationship between you and Eric S. Kane, PL or any individual attorney. None of the materials available on this site constitute legal advice. This site has been designed to provide you with general information regarding the firm and the types of services we provide. You should consult an attorney for individual advice regarding your own situation. The hiring of a attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask Eric S. Kane, P.L. to send you free written information about our qualifications and experience.