The cycle of life has a funny way of playing out before our very eyes. Your parents brought you into this world and their parents brought them in as well. They cared for us and made sure we had enough to eat. They assisted in everyday chores which we could not accomplish ourselves. As they become elderly, chances are you will end up having to do the very same for them.
As people age, some of us lose the ability to make informed decisions and to care for ourselves. Oftentimes this requires a loved one to seek guardianship rights. This is a legal term meaning you have the responsibility to care for this particular person.
In Florida, for example, there are two types of guardianship: there is voluntary and involuntary guardianship. As you may have imagined, the involuntary type requires court order and legal means to accomplish, sometimes against the person’s will. Voluntary is easy enough to understand.
A guardianship attorney in Melbourne Florida can advise a person how to best go about securing guardianship of a loved one should they feel that it is a decision that must be made.
When possible, Florida law mandates the employment of the least restrictive alternative to protect people who are unable to take care of themselves and manage their financial affairs. Through the process of “guardian advocacy,” family members, caretakers, or friends of people with developmental disabilities can be granted the right to speak for these people legally. Contrary to a complete guardianship, the court does not have to rule that the person is incapable of making decisions; rather, the emphasis is on the person’s “decision-making” abilities.
Guardianship law exists to establish a legal order to a sometimes complex and nuanced situation. Hiring an attorney who specializes in this field may be your best bet should you travel down this path.
