Compassionate Guardianship Attorneys Protecting Aging Parents & Special Needs Children Throughout Fort Lauderdale

When a loved one can no longer manage their personal or financial affairs due to age, illness, or disability, guardianship may become necessary. At RTRLAW, our Florida guardianship attorneys help families navigate this complex legal process with empathy and experience.

Whether you’re seeking guardianship for an aging parent, a child with special needs turning 18, or a vulnerable adult, our team provides the legal tools and personalized support to ensure your loved one receives the care and protection they deserve.

Understanding Guardianship in Florida

Guardianship is a legal relationship where one person (the guardian) is appointed by the court to make decisions on behalf of another (the ward) who has been deemed legally incapacitated. This includes decisions related to healthcare, finances, housing, and other personal matters.

Florida courts don’t take this decision lightly. Guardianship can involve removing significant rights from the individual, so it’s viewed as a last resort when no lesser alternatives are available.

Types of Guardianship in Florida:

• Guardian of the Person: Makes non-financial decisions, such as medical treatment or living arrangements
• Guardian of the Property: Manages assets, income, and financial responsibilities
• Plenary Guardian: Has full authority over both personal and financial matters
• Limited Guardian: Only responsible for specific areas where the ward needs help

RTRLAW helps Fort Lauderdale families identify the appropriate type of guardianship based on the ward’s abilities and needs.

When is Guardianship Needed?

Guardianship isn’t for every instance, but may be appropriate in certain situations where someone:

• Suffers from dementia or Alzheimer’s disease
• Has a developmental disability and is turning 18
• Is recovering from a traumatic brain injury or stroke
• Has been exploited financially or emotionally
• Can no longer care for themselves safely

The process begins when a family member, friend, or professional files a petition with the Broward County probate court requesting that the individual be evaluated for incapacity.

What is the Guardianship Process in Fort Lauderdale?

Establishing guardianship in Fort Lauderdale is not always easy. It involves several key legal steps, including:

• Filing a Petition: This includes a Petition to Determine Incapacity and a Petition for Appointment of Guardian.
• Court-Ordered Evaluation: A three-member examining committee (typically including two medical professionals) assesses the person’s capacity and submits a report to the judge.
• Hearing: The court reviews the findings, hears testimony, and determines whether guardianship is necessary.
• Appointment and Oversight: If granted, the guardian must complete training, submit a care plan or inventory, and file regular reports with the court.

RTRLAW handles the filings, ensures compliance with Florida law, and represents you in court to simplify what can be an emotionally and legally overwhelming process.

What Alternatives are Available to Guardianship in Ft Lauderdale?

Florida law encourages alternative options to guardianship whenever possible. This is because guardianship involves removing the legal rights of a person. Some of these less restrictive options may include:

• Durable Power of Attorney
• Healthcare Surrogate Designation
• Living Trusts
• Pre-Need Guardian Declarations
• Supported Decision-Making Agreements

These alternatives can often provide sufficient protection without full court intervention, but only if put in place while the individual still has legal capacity. Our attorneys help clients proactively establish these tools to avoid future crises.

What Rights are Lost Under a Guardianship Designation?

Once guardianship is established, it’s important to understand what rights the ward may lose. This could include:

• The ability to manage finances
• The right to enter into contracts or marry
• The ability to make medical decisions
• The right to vote
• The freedom to choose where to live

Courts strive to protect as many rights as possible, but guardianship can be sweeping. That’s why legal representation is essential both for the proposed guardian and the ward.

What are Pre-Need Guardianship Designations?

If you’re concerned about future incapacity, for yourself, a spouse, or your child, you can make your preferences known in advance by executing a Declaration of Pre-Need Guardian.

This legal document lets you name who should serve as your guardian if needed, reducing court delays and family conflicts. At RTRLAW, we often include this declaration as part of a complete estate plan.

When is Guardianship for Minor Children Needed?

If both parents of a minor pass away or become incapacitated, guardianship may be necessary. Florida courts prioritize the child’s best interests and will look at the parents’ preferences if named in a will or pre-need guardian declaration.

RTRLAW assists with:

• Establishing emergency or long-term guardianship
• Naming a standby guardian in your estate plan
• Resolving guardianship disputes among family members

We work to ensure your children are protected with care and stability during challenging times.

Speak with an RTRLAW Fort Lauderdale Guardianship Lawyer Today

Guardianship requires sensitivity, precision, and a thorough understanding of Florida law. At RTRLAW, we bring all three to every guardianship case we handle. With over three decades of experience representing families across Florida, we offer:

• Step-by-step guidance through the legal process
• Personalized planning to preserve autonomy when possible
• Court representation and compliance support
• Transparent communication and compassionate advocacy

Our Fort Lauderdale office is conveniently located to serve Broward County and surrounding communities.

Whether you’re seeking guardianship for a loved one or planning ahead to avoid it, RTRLAW’s estate planning attorneys are here to help. We offer clear advice, efficient legal support, and the respect every family deserves during a difficult decision-making process.

Call 954-370-5152 or contact our Fort Lauderdale office today to schedule a confidential consultation. Let us help you protect what matters most.