Guardianship

Guardianship is a legal proceeding in which a guardian is appointed to execute the legal rights of an incapacitated person.  The court examines the person to determine if they are incapacitated through a physical and mental examination and a functional assessment.  If a person is found to be incapacitated, the court will appoint a guardian.  The guardian is given the authority to invest the incapacitated person’s property, use the property to support the incapacitated person and must file an annual report with the court.

Declaration of Pre-need Guardian- It is important to plan ahead in the event you are found by a court to be in need of a guardian over yourself or your assets.   By drafting a declaration of pre-need guardian, you are able to tell the court who you want to be appointed as your guardian in the event you become incapacitated.

If you or a loved one is in need of filing a guardianship proceeding or you would like to draft a declaration of pre-need guardian, or you need more information, please contact Winston Law, P.A. at (561) 670-9375 or [email protected] for your initial consultation.