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Situations When A Guardianship Is Necessary

Legal capacity is a difficult concept. In some situations, it is clear that a loved one has become incapacitated and can no longer provide self care and make important decisions. But in other cases, it is a continuum and it can be difficult to know when to step in to provide help. Guardianship of a minor may be required if parents suddenly pass away or are unable to care for the child.

At Meador Johnson & Bushnell, P.A., our Pensacola lawyers understand Florida law on guardianship and conservatorships. As a first step, we will want to find out whether any power of attorney documents exist that might eliminate the need for a formal court proceeding. Once you tell us more about the situation, we can advise on whether a guardianship is needed.

When there are no estate planning documents, we'll explain how the guardianship process works and help you navigate it as quickly as possible.

What Is A Guardianship?

Guardianship is necessary if incapacity occurs and there is no power of attorney or guardian designation in a will. A guardianship proceeding for a minor can be initiated by a relative or third party. Generally, these proceedings are required when a child no longer has a natural parent available to care for the child or the child receives a substantial gift through an insurance policy in a lump sum that exceeds the statutory exemption.

A guardianship may be entered into by an adult voluntarily or involuntarily. When siblings disagree about who should be appointed guardian or whether a guardianship is needed in the first place, the case can become more complicated. Our attorneys are skilled litigators and can advocate for and protect your interests.

Compassionate Allies When You Need Us

We can answer your questions about guardianships in more detail at a first meeting. To schedule a consultation with our guardianship attorney, please call 850-483-0773, toll free 800-785-4969 or send us an email.