Guardianship Attorney | Orlando

Guardianship Attorney

If a loved one in your life has lost their capacity to make informed, rational decisions regarding their finances or medical care, they may require a guardian. A guardian will take over significant responsibilities. A guardianship is the solution, whether they have declined from age and dementia, they suffered a severe brain injury, or they are an adult with a mental handicap. Guardians are typically a trusted family member or close friend of the ‘ward’ (the person for whom the guardianship is for). Setting up a guardianship is a complex process, and requires going to court with evidence that supports the merits of your intentions. It is necessary to work with an Orlando guardianship attorney throughout the guardianship process. We encourage you to contact Attorney Aubrey Harry Ducker Jr.

What Qualifies You For Adult Guardianship?

In order for an adult in Florida to be considered “incapacitated” by the court and their legal decision-making rights be given up to be placed in the hands of a guardian. First, there must be a thorough examination. This comprehensive examination must include the following unless an explanation is provided for why one of the criteria is unnecessary:

  • A physical examination
  • A mental health examination
  • A functional assessment

Common types of conditions that qualify an incapacitated person to become a ward include the following:

  • Dementia and Alzheimer’s – 5.5 million Americans are currently living with Alzheimer’s or dementia, according to the Alzheimer’s Association. Furthermore, 10 percent of all Americans over the age of 65 have Alzheimer’s. Today, someone in the U.S. develops Alzheimer’s every 66 seconds. By mid-century, because the older population will be much larger, someone will develop Alzheimer’s every 33 seconds. Dementia and Alzheimer’s reduce the person’s ability to remember short-term and long-term events, cause confusion, and sets the patient up to be a victim of financial fraud.
  • Adults with Disabilities – According to statistics, there are more than three million cases of intellectual disability (ID) per year for those 18 years old or older. Intellectual disabilities vary in range of severity, with the most serious cases rendering the individual entirely incapable of making decisions about their health, finances, or daily life activities.
  • Serious Injury or Illness – A serious injury, such as a traumatic brain injury or coma may qualify a person as incapacitated, as well. If a loved one was in a serious accident or fell ill, you may be able to become their guardian if the court deems them incompetent
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Once I appoint a health care agent, can I change my mind?

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How is a guardian appointed?


At some point, adults reach an age where they can no longer make sound decisions regarding their healthcare, finances or other matters. When they reach this age, it might be important to acquire legal guidance to make decisions on their behalf. Guardian Advocates take on an important role in caring for individuals who are incapacitated or developmentally disabled. In any case, these legal tools ought should not be abused. Mister Aubrey Harry Ducker Jr. protects the rights of individuals who cannot protect themselves. Above all, Winter Park Attorney Aubrey Harry Ducker Jr. also provides assistance to children who require advocacy to the court and their parents.

Helping Clients With all Varieties of Adult Guardianships

Our Orlando adult guardianship lawyers have experience helping clients with all areas of guardianship law. Attorney Aubrey Harry Ducker Jr. establishes adult guardianships. Attorney Aubrey Harry Ducker Jr. contests decisions made by wards of guardians, and we fight the establishment of adult guardianships. Becoming a guardian or fighting against a guardian’s poor decisions are challenging as well as taxing prospects, and you need an attorney that knows how to accomplish the job. Contact Attorney Aubrey Harry Ducker Jr. today for help.

Struggling with child custody or a divorce? If you are seeking legal representation contact Attorney Aubrey Harry Ducker Jr. Attorney Aubrey Harry Ducker Jr. handle’s every legal representation from family law to elder law. Call us at  (407) 645-3297 (Call for Aubrey) or send us a send us a message. Visit Aubrey Harry Ducker Jr’s Office.  Attorney Aubrey Harry Ducker Jr. serves Altamonte Springs, Longwood, Maitland, Orlando, Oviedo, Winter Garden, Winter Park and Winter Springs and surrounding areas.