Guardianship
A guardianship proceeding is a court proceeding where an individual is appointed to assist an incapacitated person who is no longer able to manage assets, make living arrangements or medical decisions. Typically, a guardianship becomes necessary for a person who is incapacitated and did not have a Durable Power of Attorney prepared while they were well. However, even in cases where the ill person had estate planning documents prepared, including a Durable Power of Attorney, the ill person may refuse to allow the designated agent to help.
It is preferable to avoid guardianship because the court process is time-consuming, expensive and subject to rigid statutory and procedural requirements. Additionally, the process can cause further trauma to the ill person because the person is declared legally incapacitated and will lose the right to personally exercise some or all of his or her civil rights.
Many times, however, a guardianship proceeding is unavoidable and the family or a well-meaning friend must ask the court to appoint (through an attorney) a legal guardian for the ill person.
Southwest Florida Guardianship Attorneys
If it is necessary to initiate a guardianship proceeding, it is important to hire a lawyer with experience in representing a family filing for guardianship. We have many years of experience in this area of the law.
Contact Osterhout, McKinney & Prather, P.A. Today
If you are seeking legal representation or have questions about our services, contact our Fort Myers office today to set up your initial consultation. You can reach us at 239-939-4888 or by contacting our firm online.
