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Establishing guardianship for a minor

On Behalf of | Aug 22, 2022 | Guardianship |

Guardianship is an important concept because it gives the designated guardian the legal ability to make decisions on behalf of a person who is in need of supervision. Guardians protect a ward who is either a minor or an adult who needs help because of an injury, illness or condition. In this post, we will concentrate on guardianship over a minor.

The guardianship covers the person and/or the person’s property. Part of the guardian’s responsibility is to file a report annually with the court. Once the court receives the guardian’s report, it will be up to the judge to approve the report or schedule a hearing to discuss the information in the report.

Questions come up for the guardian

In the state of Florida, many common questions come up, such as:

  • Does a guardian need an attorney to represent them? According to Florida law, all guardians must have an attorney representing them. The attorney is necessary to guide the guardian on legal requirements.
  • Is the guardian permitted to make investment decisions on behalf of the underage ward? In order for the guardian to make investment decisions for the ward, they must submit a petition to the court. This is in effect to protect the ward and the guardian. The ward’s assets can only be released by an order of the court.
  • How does the guardian obtain money to care for the ward? The attorney of record will need to submit a petition to the court for the needed money, which the guardian needs to care for the ward. The guardian will then receive information on asset spending and planning to make sure that the money is secure. Every action that the guardian takes must be approved by the court.

Consulting an attorney who understands guardianship

If you are an appointed guardian for a minor ward, the advice of a Florida attorney who is knowledgeable about guardianships may really make your job as guardian easier. The attorney can help you to oversee your ward’s funds appropriately and administer them correctly. It is essential that you do everything to protect your ward’s rights as well as your rights and solid advice and support can help you to do just that and make sure that your ward is well cared for.