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Guardianship proceedings may be prevented by having an advanced health care directive or a power of attorney or trust created prior to incapacity or (often in the case of parents) guardianship may be appointed by a will. The law regulating guardianships comes from Chapter 744 of the Florida Statutes.
Guardianship legal proceedings in Jacksonville, Florida appoint a guardian to exercise the legal rights of an incapacitated person. A guardian may be an person or group (such as a corporation or trust) chosen by the court to care for a ward (incapacitated person) and/or their assets. Incapacitation is decided by judicial proceedings that acknowledge an inability to capably control some or all of a person’s assets or when some health and safety requirements are not met by that person. Any adult may petition the court to judge another person’s capacity.
As a commercial and business law attorney law firm, we know that great ideas and efficient marketing strategies may make a business stand out, but what really allows a business to rise above its competition and thrive is the effective handling of its day-to-day business law issues it may face. From entity selection, contract formation to dispute resolution for all parties concerned, having an available and proven, cost-effective legal resource is essential in today’s business environment.
Children are naturally under the guardianship of their parents, but sometimes require additional guardianship proceedings in the event the child inherits a great deal of money or the death of the child’s current guardian(s). In these special cases, parents (or others) may create a guardianship over the child and/or their estate.
Guardianships may also be established for adults with special needs (such as someone with an illness or injury) or for aging parents (usually by their adult children). Florida law necessitates the least restrictive guardianship process, which means guardianships may only require a legal tool such as a trust or durable power of attorney.
No matter whether you are looking out for someone else or yourself, Heekin Law can provide lasting legal assistance with your guardianship proceedings. Fill out the contact form or call us for a free consultation at (904) 355-7000 to get yourself started.