Guardianships, Conservatorships, and the Power of Estate Planning in Florida
At Drude Tomori Law, PA, we understand the intricacies of guardianships and conservatorships under Florida law. Our team, led by the esteemed attorney Rachel Drude-Tomori, is devoted to providing comprehensive legal assistance, advocating for our clients’ best interests, and finding custom solutions to complex estate planning matters. As a dedicated elder law and probate firm in St. Petersburg, we’re here to help you navigate the legal complexities surrounding guardianships and conservatorships, and, most importantly, how to circumvent such legal processes through astute estate planning. Contact our office today to talk about your needs and find out how we can help.
Guardianships under Florida Law
A guardianship is a legal proceeding that appoints an individual or organization as a ‘guardian’ to exercise the legal rights of another person, known as the ‘ward.’ In Florida, guardianships are typically established when a person is incapable of making personal, financial, and health-related decisions on their own due to infancy, disability, or age-related illness.
The guardian, often a relative or close family friend, is then given the responsibility of managing the ward’s personal and property rights. This may include decisions regarding medical care, education, and even everyday life activities. Florida law requires that guardians complete a court-approved training program and regularly report to the court.
However, guardianships come with their own challenges. They can be time-consuming, costly, and can often lead to family disagreements. Guardianships are not one-size-fits-all, and the courts have the power to fashion a guardianship that is limited in the powers and responsibilities it confers on the guardian. Drude Tomori Law can help you fashion a guardianship that is custom-tailored to meet your specific needs or those of your loved one.
Conservatorships in Florida
In Florida, conservatorship is a legal concept similar to guardianship. The major difference lies in the ward’s circumstances. A conservatorship is typically established when a person cannot manage their financial affairs due to absence, disappearance, or confinement, and there is a need to preserve and manage their property.
The appointed conservator then assumes control over the person’s property and financial matters, ensuring that their resources are used appropriately for their needs and benefit.
Much like guardianships, conservatorships can also be intricate, involving substantial reporting and accounting responsibilities to the court. Drude Tomori Law can consult with you regarding whether you could benefit most from guardianship or conservatorship and proceed accordingly to customize the proper form of protection that will benefit you most.
Estate Planning: The Path to Avoiding Guardianships and Conservatorships
While guardianships and conservatorships are essential legal tools to protect those who cannot protect themselves, they don’t always provide the most desirable route. Thankfully, with proper estate planning, the need for a court-appointed guardian or conservator can often be avoided.
Through devices such as durable powers of attorney, living wills, trusts, and health care surrogate designations, individuals can plan for potential incapacity. By legally designating people whom they trust to make decisions on their behalf, should they become incapable, the need for a court to step in can be eliminated.
Our Approach at Drude Tomori Law, PA
At Drude Tomori Law, we believe in the power of preventative law. Our lead attorney, Rachel Drude-Tomori, is a creative problem solver who is passionate about crafting custom solutions that cater to the needs, goals, and family dynamics of each client.
With an empathetic ear, Rachel truly listens and understands what her clients want and need. She then leverages her in-depth understanding of estate planning, guardianships, and conservatorships under Florida law to create plans that not only protect our clients and their loved ones but also reflect their wishes and values.
Whether you’re considering setting up a guardianship, dealing with a conservatorship, or looking to avoid these processes through comprehensive estate planning, Drude Tomori Law is here to guide you every step of the way. Our aim is to provide you with peace of mind, knowing your affairs are in capable and caring hands.
To learn more about how we can help you navigate the intricacies of estate planning and the complexities of guardianships and conservatorships under Florida law, we invite you to reach out to us at Drude Tomori Law, PA. From our office in St. Petersburg, we serve clients in communities throughout Florida, including Lakewood Ranch, Sarasota, and Miami. Call Drude Tomori Law today.
