Guardianship Law

Florida Guardianship may be needed for a variety of reasons: (i) an elderly person becomes incapacitated and can no longer manage their property or be by themselves; (ii) a minor child loses their parents or inherits property valued at more than $15,000; or (iii) a disabled child turns 18 years old and the parent can no longer make legal or healthcare decisions for the disabled child. Guardianships require the use of an attorney and the David Di Pietro & Associates can help in the following ways:
  • Preparing the Petitions to Determine Incapacity and to Appoint a Guardian, and attending those hearings with the potential guardian
  • Representing the alleged incapacity person against a Petition to Determine Incapacity and to Appoint a Guardian
  • Helping the guardian file an inventory of the Ward’s assets and a plan on how the Ward will be cared for (this must be done on an annual basis)
  • Helping family members set up special needs trusts for disabled beneficiaries
  • Working with personal injury attorneys or individuals to establish a guardianship over the property for a minor who is the beneficiary of a settlement

Working with the guardian to be discharged at the end of the case (death, age of maturity, restoration of capacity, transfer of guardianship out-of-state).