Curberlo Romero

Curbelo and Romero, P.A.

Curbelo and Romero, P.A.


The Guardianship Attorney Miami Parents Can Rely On

Have you considered what it takes to obtain guardianship in Florida? Indeed, the process of obtaining or determining guardianship is quite complicated. But with a guardianship attorney in Miami in your corner, you can rest assured that the process will be well taken care of. You only need to connect with us and book your free 30-minute appointment with our expert guardianship lawyers. While you do that, let’s understand the process and how hiring a Miami guardianship attorney can benefit you in various ways. This complete guide will help you prepare for what’s to come ahead.

What is guardianship?

The court of Florida can legally appoint someone to make decisions for a person when the person cannot make them. This legal arrangement is termed “guardianship” and is generally required for minors, people with physical or mental disabilities, or elderly individuals.

What are the responsibilities of the legally appointed guardian? The guardian must primarily make medical care, education, finances, and housing decisions. The idea here is to legally appoint someone who can act in the individual’s best interest. In other words, the guardian should be able to protect and advocate for the individual’s rights.

Indeed, guardianship isn’t the only legal arrangement the court can order. Other less restrictive alternatives like the power of attorney or health care proxy exist. But, the court chooses guardianship when it demands close supervision. Ordering guardianship arrangements helps the court protect the rights and interests of the individual.


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What are the different types of guardianship?

Now that you understand what guardianship stands for in the law context, it’s time we discuss the different types of guardianship, their purposes, and legal requirements.

Voluntary guardianship

This type of guardianship is used when the individual needs assistance, especially for self-care. Voluntary guardianship will not only provide self-care assistance but will also help the petitioner manage their property. Individual generally files for voluntary guardianship when they lose the ability to perform the usual tasks due to illness, physical condition, or age.

Limited guardianship

What if the individual is partially incapacitated? The State of Florida has a legal arrangement in the form of limited guardianship in which the court will appoint a person to make some, but not all, of the decisions for the individual. The decisions will mostly be related to self-care and property management. However, the person subjected to limited guardianship must surrender some of their rights.

Full (Plenary) guardianship

Full guardianship is a legal arrangement where the court orders complete guardianship for the individual citing the individual's inability to perform self-care or property management tasks. Also referred to as plenary guardianship, this legal arrangement is the most restrictive type. The appointed guardian will have complete autonomy over the contracts, properties, government benefits, lawsuits, etc.

Emergency temporary guardianship

When it comes to guardianship, there are times when the court has to entertain special cases. These are cases when the court has to order immediate guardianship. A temporary emergency guardianship is ordered when the court realizes that the individual in question might be subject to immediate danger (physical or mental). The threat can also be to the individual's property. Such a legal arrangement is ordered when the individual's property is subject to improper management.

Preneed guardianship

What if an individual decides to opt for guardianship in the near or far future? This is when preneed guardianship comes into play. The individual, an adult, will use preneed guardianship in the event they become incapacitated in the near future. The individual should present the decision in writing to the court with their signature. Make sure you have at least two attesting witnesses. Once validated, the court will legally appoint the preneed guardian if the petitioner is found to have the physical condition mentioned earlier.

What are the benefits of hiring a Miami guardianship attorney?

The process of acquiring or submitting a petition for guardianship is quite complex. Hence we suggest you hire an expert guardianship attorney that understands your requirements and does all the leg work for you. Let’s discuss the benefits of hiring a guardianship attorney in Miami, shall we?

Prepares All Required Petitions And Documents

You must present to the court a petition stating why you need to file for guardianship. This is called the initial petition, creating the foundation for the rest of the court proceedings. It is essential to get this right. Forming the initial petition and ensuring it is legally valid is quite overwhelming, especially if this is your first time doing it. You will have to ensure you fulfill several legal requirements while submitting the initial petition. Our guardianship attorneys are well-trained and qualified to create an impeccable initial petition.

Helps fulfill fiduciary obligations

The fiduciary obligations are another obstacle in your way to achieving guardianship. These obligations are necessary to comply with, and only a guardianship attorney can help you fulfill them. What does the process of fulfilling the fiduciary obligations entail? You will first have to interview the witnesses, collect the evidence supporting your plea for guardianship, and prepare a document report listing details about the assets. You should mention the assets' types, locations, titles, and estimated value. You will also have to present the medical records, certification, and other crucial documents to increase your chances of obtaining guardianship.

Provides complete guidance on laws

The guardianship laws of Florida can be very confusing, especially if you are new to them. This is because guardianship is a serious matter, and the court proceeding requires a lot of details from the petitioner to conclude. This is why we recommend you have a reputed guardianship attorney. If you do, you might save time and money. Filing for guardianship is more complicated; only a trained guardian attorney can provide the much-needed guidance. Since the laws related to guardianship change constantly, you must hire a guardianship attorney before initiating the process.

Miami guardianship attorney protects your rights and assets.

At Curbelo and Romero, P.A., we prioritize complete protection of your rights and assets when dealing with guardianship. All our guardianship attorneys approach court cases intending to gain guardianship without jeopardizing your rights and the safety of your rights. Our expertise in advocacy will prove beneficial as we know how to convince the court to take action and provide guardianship while protecting your assets and rights. Contact us to book your appointment with our reputed guardianship attorneys and make the most of your free 30-minute consultation.

It helps to consider alternative solutions.

You might not even need to file for guardianship! This is because there are several alternatives to guardianship that you can opt for and still achieve your goals. However, the other options mainly depend on your situation. Our experienced attorneys will listen to your side of the story and present you with alternatives and legal options to achieve the desired outcome.
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