With the caring and knowledgeable assistance for which they are well-known, Marquez-Kelly Law can make the process of establishing a minor guardianship as streamlined and painless as possible. Securing a safe, secure, and caring home for a minor is a process protected by federal and state statutes. A guardianship is a legal relationship assigned by the court to a person who will make decisions for the minor, considered a ward of the court. The guardian can either be related or unrelated, depending on the circumstances. Typically, the court prefers to grant guardianship to someone related, such as an aunt, uncle, grandparent, or sometimes an older sibling. In any case, the guardian must exude evidence of being able to fully support the minor. The length of guardianship of the minor will need to be established for the proceeds to be finalized. Guardianship can either be granted for an indefinite amount of time or possibly for life if the parental incapacitation is permanent.
There are two types of minor guardianships under Florida law. The first, a Guardianship of the Person, is needed when neither parent can provide a safe home and environment for their minor child – often due to alcohol or drug abuse, other serious personal or health problems, or in the worst-case scenario, death. The case of incapacitation of the parent/parents must be proved to the court in order to proceed with establishing guardianship. The appointed guardian will be granted the authority to make decisions for the minor regarding health care, mental health, education, residence, etc. The second type of minor guardianship, Guardianship of the Property, is necessary when the minor inherits any property worth more than $15,000, and neither parent is capable of protecting them or their inherited property in a manner to benefit the minor. The assigned guardian will obtain the power to collect and control the finances on behalf of the minor. Ways in which the guardian controls the finances are completing inventory, safely investing the property, supporting the minor, and providing annual reports to the court. In the event of any transactions, Florida law requires approval of the court. In either case of guardianship, the sole priority of the court is to establish and implement what is best for the minor.
Establishing minor guardianship is often considered an emotional process, both for the family members or loved ones involved and especially the minor. Everybody involved wants what is best for the minor, but many are not entirely sure how to go about it in a courtroom. Because there are so many stipulations and specific statutes, the laws governing minor guardianship can be confusing and are best handled by a top-notch Family Law Attorney. Mellany Marquez-Kelly, of Marquez-Kelly Law, is on your side and will fight for the best possible outcome for the minor. Utilizing her vast experience in the minor guardianship field, she will help you cut through what can tend to be a lengthy process and obtain the minor guardianship, in accordance with Florida law.