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When Do You Need To Appoint A Legal Guardian?

Loved ones who are incapable of taking care of themselves might need a guardian who will look out for their best interests. A court-appointed guardian is responsible for making legal, financial, and medical decisions for another person (the ward).

It may be necessary to appoint a guardian in the following situations:

  • When minor children have lost both parents: For example, if your brother and his spouse both died in an accident and you want their children to be under your care.
  • When mentally challenged adults need assistance in day-to-day functions: If you have a special needs child, you might want to appoint a guardian who will help them manage their properties.
  • When a person is medically incapacitated and has no advance directive in place: This will allow a trusted family member to make legal decisions on behalf of the incapacitated person.

How A Guardianship Attorney Can Help

A trusted family member, friend, or professional can be appointed as a guardian. However, a petition must first be filed in court.

A guardianship attorney can help you navigate the process by:

  • Preparing the necessary legal paperwork
  • Preparing the necessary evidence
  • Providing you guidance and advice on how best to serve as a guardian
  • Anticipating problems and addressing them

To speak with a guardianship attorney in Orlando, contact The Family First Firm today and schedule a consultation.

What Are The Different Types Of Guardianship?

Guardianships can either be full or limited. People who cannot take care of themselves and are incapable of making sound decisions need a guardian. A guardian serves as the primary caregiver and has the authority to make legal, financial, and medical decisions on the ward’s behalf.

On the other hand, if you have a loved one who can still perform day-to-day activities without much assistance, they may only need guidance in specific aspects of their lives, such as administering properties and finances. A limited guardianship may be appropriate in such a case, and this guardian would only have the authority to manage specified aspects of their ward’s life.

If you think a loved one needs a guardian, consult our Orlando guardianship attorney at The Family First Firm. Give us a call today to schedule a consultation.

Guardianship VS. Advance Directive

Guardianships and advance directives can serve similar purposes, but they have important differences. In a guardianship, a guardian can be authorized to oversee the financial and personal affairs of the ward. Guardians can also take charge of the medical needs of their ward, depending on their ward’s needs and conditions.

Advance directives, on the other hand, only authorize an agent to make medical decisions according to the instructions laid out by the principal. In other words, advance directives are limited to medical matters.

If you’re incapacitated without an advance directive, your family members might have to go through guardianship proceedings to be able to make medical, financial, and legal decisions on your behalf. If you are facing a situation in which you believe a guardianship or advance directive may be the right solution for your loved one, contact Family First Firm today to schedule a consultation. We can discuss which option would be appropriate for your needs.

Why Choose The Family First Firm?

  • Individually-Oriented Solutions - The elder law attorneys at Family First Firm work with senior clients and their families to comprehensively address legal roadblocks. Our Medicaid and estate planning services are tailored to fit each client’s current and future needs.
  • Assist Clients In Every Step - Applying for benefits, guardianship, creating wills or trusts, and establishing other forms of asset protection can be overwhelming. To ease the stress, we are here to guide our clients and their family members every step of the way.
  • Credible and Highly Trusted - Our firm is recognized as one of the fastest-growing law firms in the U.S. in 2021 by Law Firm 500.
  • Accessible Legal Services - Booking your first free consultation is just a click away. You can schedule a consultation with our attorneys through our website and social media pages.

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Can A Guardian Be Replaced?

There are certain instances in which a guardian can be replaced. A guardian can be removed if they fail to do their duties, as written in the court order.

A guardian can also be changed if he/she secured the guardianship position in a fraudulent manner, mismanaged the ward’s assets, or was convicted of a felony.

A guardian may also be removed in case the ward does not need assistance anymore. Minor children, for example, may not need a guardian once they reach the age of majority.

Contact The Family First Firm for a free consultation to explore options if you believe a guardian for your loved one should be removed or replaced.

Are Guardians Entitled To Compensation?

In the majority of cases, immediate family members are appointed as guardians, so they generally choose to serve without compensation. However, if your family decides to appoint a professional guardian, they would be entitled to reasonable compensation for their work. The court would review the guardian’s fee to determine whether it is reasonable under the circumstances.

A person’s cognitive well-being, medical status, ability to make decisions, or ability to take care of their own needs may factor into the decision to appoint a guardian. If you’re contemplating that a loved one might need a full or limited guardian in Florida, then it’s time to consult a guardianship attorney.

Call The Family First Firm today to schedule a free consultation with an experienced guardianship attorney in Orlando.

Schedule a Discovery Discussion to Get help navigating the complexities of Guardianship.

I went to FFF to help with the guardianship of my Grandma Anne. It was a phenomenal experience from start to finish.


Beth Roland is a superb lawyer. She has been helping me with Guardianship for my sister for over 6 years. I trust her advice and judgment. She is very kind and compassionate during some of the most difficult times. I appreciate all that she has done throughout the years

Will | Medicaid & Elder Law | Orlando, FL


Google Review | Medicaid & Elder Law Attorneys | Orlando, FL

You feel like part of a family when you leave. Beth Roland (Lawyer) and Corinna N. are very professional and knowledgeable and assists with all your needs every step of the way with Guardianship. Awesome Team!

Jo | Medicaid & Elder Law | Orlando, FL


Google Review | Medicaid & Elder Law Attorneys | Orlando, FL

I went to FFF to help with the guardianship of my Grandma Anne. It was a phenomenal experience from start to finish...the entire office was so friendly. I would recommend Family First Firm - Medicaid & Elder Law Attorneys every time!

Victoria | Medicaid & Elder Law | Orlando, FL


Google Review | Medicaid & Elder Law Attorneys | Orlando, FL

Own Peace of Mind

With a guardian, you can renounce worry and trust that someone is securing your well-being and wishes. Your loved ones can relax knowing that you’re safe. The court will also provide oversight to ensure your comfort.

Create a Support System

Having a strong support system always generates happiness, but especially when you need help making decisions to enhance your quality of life. It also helps protect you from scammers and those who will try to neglect your rights.

Maintain Your Freedom

If you don’t choose a guardian or power of attorney in advance, the court will choose a reliable option for you, but it’s better to pick your own. It will ensure your independence for longer and give you the freedom to live the way you want.

Common Questions

FAQs About Guardianship

What Is Guardianship? A guardian is a person a court appoints to care for a child or adult called a...

What if someone only needs partial help?

You can have a full or limited guardianship. You may want a limited one if the ward can take care...

How are guardians appointed?

A guardian can be any capable adult and may be a spouse, family member, friend, neighbor, or professional. Anyone can...

Is a guardianship necessary?

Guardianship should be taken seriously. Whether someone needs a guardian depends on their cognitive well-being, medical status, and ability to...

Do I need to apply for guardianship when my child turns 18?

Full guardianship may not be needed depending on the extent of your child’s disability. A special needs attorney can help...

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