Guardianship Attorney | Winter Park
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 Winter Park guardianship attorney throughout the guardianship process. We encourage you to contact Attorney Aubrey Harry Ducker Jr. today.
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. 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