What Makes a Guardianship Attorney Truly Exceptional

Guardianship Attorney

Why You Need a Guardianship Attorney You Can Trust

While intended to protect those who cannot look out for themselves, Florida’s guardianship program has faced growing criticism due to widespread irregularities, including lack of oversight, financial exploitation, family isolation, and inadequate accountability. Recent audits, high-profile cases, and investigative reports have highlighted these systemic failures. And in some cases, guardianship attorneys become part of the problem.

Many people who get caught up in Florida’s guardianship program find themselves bewildered by the pitfalls of the troubled system, and start looking for a guardianship attorney to help straighten out what has become a difficult situation. And all too frequently, people trying to get justice for a vulnerable relative — and themselves, become victims of exploitation by the legal community.

Guardianship situations tend to create conflict, especially when there’s a lot of money at stake. When there is conflict, there are lawyers. When you hire a guardianship lawyer, it makes a big difference when you have confidence that they are working to advance your interests, not just rack up billable hours. The family law attorneys at the Rivas Law Firm are dedicated to working for the best interests of their clients.

Florida Guardianship Basics

Guardianship is generally a last resort that a person (usually a family member) would use to protect the rights and property of someone who can not look after themselves. Often it’s an elderly parent or relative with dementia, Alzheimer’s disease, or other problems that prevent them from making decisions in their own interest.

Here is the guardianship process as outlined by Florida Twelfth Judicial Circuit:

A petition is filed. Any competent adult may file with the court a petition to determine another person’s incapacity. Once the petition is filed, the court will then appoint an examining committee consisting of three members. The examining committee will conduct an evaluation and report back to the court. In addition, the court will appoint an attorney to represent the AIP.
A hearing is held. The court will hold a hearing to review the reports of the examining committee. If the court finds the AIP to be incapacitated, the court must then determine if there is a less restrictive alternative to guardianship.
If necessary, a guardian will be appointed. If the court determines the AIP is incapacitated and there are no less restrictive alternatives, then the court will appoint a guardian and issue letters of guardianship. Depending on the determination of the court, the AIP may require a guardian of the person, a guardian of the property or a guardian for both the person and the property.

What Does a Guardianship Attorney Do?

An experienced Orlando guardianship lawyer ensures the process is handled properly, protecting everyone’s interests.

A guardianship attorney guides you through filing, court hearings, and legal requirements.

Common Guardianship Issues

It all seems pretty straightforward and above board, but Florida’s guardianship program has been plagued with problems

Disputes among family members about who should serve as guardian
Allegations of abuse, neglect, or financial exploitation
Modifying or terminating guardianship if circumstances change
Ensuring compliance with Florida guardianship laws and court orders

Orlando Family Law Guardianship Attorney

Whether you need advice on setting up a guardianship in Florida, or are having issues with a court-appointed guardian, you can trust the family law attorneys at the Rivas Law Firm. We also handle related civil law matters like Trusts, Estate Planning and Probate, Family Adoption, Pre-Nuptial Agreements and Paternity issues. Call 407-759-3219 to speak with an experienced and compassionate Orlando Family Law attorney at the Rivas Law Firm.