Guardianship is governed by Chapter 744 of the Florida Statutes. The goal is to assist an individual who has lost their capacity, such as an elderly person with dementia. A guardianship proceeding is initiated by the filing of a Petition to Determine Incapacity in the Circuit Court where the person alleged to be incapacitated resides. An Emergency Temporary Guardian may also be appointed if a Petition is filed and the Court believes there is imminent danger to the alleged incapacitated person’s health or property.
An attorney will be assigned to represent the alleged incapacitated individual and the individual will be evaluated by a committee. There will then be a hearing to determine an individual’s capacity and, if deemed necessary, a guardian or limited guardian may be appointed.
Whether you have a loved one who may need guardianship assistance, or you yourself are the subject of a guardianship proceeding, contact the Law Office of Robertson & Hunter, LLP for a consultation regarding your Guardianship proceeding. We will make sure your legal rights are protected and respected.