When a child can no longer receive appropriate care for certain reasons, Florida courts can step in to keep the child safe. Understanding the process of minor guardianship and how it works in the state can make the difference between a smooth transition and a prolonged legal battle. Read on to learn what to expect.
Takeaway
Guardianship lets a trusted adult take on the legal responsibility for a child’s day-to-day care, schooling, medical decisions, and general welfare. Families in Fort Myers, Florida, can seek minor-child guardianship due to parental incapacity, safety concerns, and long-term absences.
What is Guardianship?
Under Florida law, guardianship pertains to the management of the affairs of someone unable to manage his or her affairs. Customarily, a court orders guardianship on behalf of someone who is called a “ward” of the court. A guardian then assumes the rights of the ward to make decisions about many aspects of the ward’s everyday life. A guardian is obligated by ethical and statutory rules to make decisions in the ward’s greatest interest.
This involves the exercise of the legal rights of an incapacitated person, minor, voluntary wards, or developmentally disabled individuals.
A guardian, therefore, is the surrogate decision-maker appointed by the court to make either personal and/or financial decisions for the afore-cited individuals. It can be an individual or institution, such as a bank, appointed by the court to guard over the person only, the property only, or both person and property.
Award, on the other hand, is the subject of the guardianship.
Florida law demands the court appoint a guardian for minors in circumstances where the parents die or become incapacitated, or if a child receives an inheritance or proceeds of a lawsuit or insurance policy exceeding the amount allowed by statute.
Similarly, adult guardianship is the process by which the court appoints a guardian for an adult individual who is incapable of making a decision with legal implications due to mental impairment.
Consequently, the court assumes the duty to carry out the conduct of oversight over the adult and minor guardianships.
Who Can Serve as a Guardian?
Appointing a suitable guardian is one of the court’s duties. While courts in Florida typically favor close family members when appointing guardians, any Florida resident who is at least 18 years old, related or unrelated to the potential ward, can serve as a guardian unless they are a convicted felon or are found not to be able to carry out the duties of a guardian.
Sometimes a person will name their guardian before they become incapacitated, and courts often respect that choice. Nonprofit organizations, professional guardians, and public guardians can also be appointed when needed. Further, a person who is not a resident of Florida can be a qualified guardian if they are at least 18 years of age, are a relative of the ward, and are not a convicted felon. If a guardian is found to have abused or neglected their duties, the court may remove them from their appointment.
If you are considering serving as a guardian, it is wise to consult a Florida guardianship attorney like Atty. Mellany Marquez-Kelly to review eligibility and the required paperwork.
Why File for Minor-Child Guardianship?
The top six causes to file for minor-child guardianship in Fort Myers, Florida, are:
1. A minor child’s parents die.
When both of the child’s parents die, the court has to appoint a guardian. The guardian will be appointed based on the list of priority persons. In essence, the guardian will be picked from the next of kin of the child. The guardianship will be exercised until and unless the child reaches eighteen (18) years old, provided the child now has the capability to decide and manage himself/herself and his/her properties as the case may be.
2. The child's parents are seriously ill or are incapable of caring for the child.
This reason applies when a parent is temporarily or permanently unable to meet a child’s basic needs or make safe decisions. Examples include long hospital stays after a serious accident, advanced illness or terminal care, severe mental-health crises, dementia or cognitive decline, prolonged substance-use impairment, or any medical condition that leaves a parent physically or mentally unable to care for the child.
3. The child is in an unsafe home due to alcohol or drugs.
The Fort Myers, Florida, legal system ensures the child’s safety as its priority. A petition for guardianship will be facilitated to remove the child from a risky situation.
4. The child is in an abusive situation.
The court will extend protection to the child from the abusive prevailing scenario and simultaneously press a criminal charge against the abusive parents. A relative to this end is often the one who files the petition for guardianship, and the court will thereafter put the child’s care under its custody until the petition for guardianship is completed.
5. The child's parents are gone for an extended period.
This covers situations where a parent will be away for a foreseeable, extended time and cannot reasonably handle the child’s daily needs: military deployments, long-term out-of-state or overseas work assignments, incarceration, or extended medical treatment that will require prolonged travel or confinement.
6. The child receives an inheritance or proceeds of a lawsuit or insurance policy exceeding the amount allowed by statute.
When funds exceed the statutory threshold, the court may require the appointment of a guardian of the property (or other protective measures) to manage the money for the child’s benefit. If this situation applies, it’s wise to consult an experienced family law/guardianship attorney to review options and next steps.
Trusted Minor Guardianship Attorney in Fort Myers, FL
Atty. Mellany Marquez-Kelly in Fort Myers, FL, is a caring and compassionate Family Law Attorney with the utmost goal of protecting her clients’ interests. You can always count on the highly effective and assertive legal counsel of Atty. Marquez-Kelly o defend your rights and general welfare.
If you plan to file for minor-child guardianship in Fort Myers, FL, and nearby Lee County areas, call the law firm of Atty. Marquez-Kelly at (239) 214-0403 or schedule your FREE half-hour consultation online.
