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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 their attorney) a legal
guardian for the ill person. The process takes approximately one month in Lee
County. This varies by county. If there is an immediate concern that the ill
individual might be taken advantage of financially or is not able to care for
himself or herself, then an emergency guardian can be appointed.
Once the guardian
is appointed, there are many laws that must be adhered to because the guardian is
now responsible for the personal and financial well-being of the ill person.
Reporting on the assets of and the medical condition of the ill person is
required every year and certain actions cannot be taken without the approval of
the court.
If it is necessary
to proceed with a guardianship proceeding, it is important that an attorney who
has experience in representing families filing guardianships assist you with the legal process.
We have many years of experience in this area of the law. |
