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    • Kenneth E. RhodenKenneth E. Rhoden – Mr. Rhoden has been an attorney practicing in Brevard County since 1986. He has litigated many serious cases including complex divorces and death penalty cases.
    • Michael J. KelleyMichael J. Kelley – Mr. Kelley is an experienced trial attorney with a strong emphasis on Criminal Defense such as DUI, misdemeanors, felonies, VOP, and juvenile cases.
    • Barbara Helm PetersBarbara Helm Peters – Ms. Peters is an experienced trial attorney with an emphasis in Family Law and Criminal Defense. Admitted to the Florida Bar in 1995, she is also a Florida Supreme Court Certified Mediator.  
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    • David Anton GundeDavid Anton Gunde – Mr. Gunde received his Juris Doctorate from the University of Florida in 1987, and admission to the Florida Bar in 1988. He practices Family Law, Civil Litigation, and Criminal Defense.
    • Anthony P. MarioAnthony P. Mario – Mr. Mario founded our firm in Brevard County in 1976. He is retired and is of counsel to the firm. He focused on Family Law, Criminal Defense, and complex Civil Litigation.
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    Home » Wills & Probate » Guardianship

    Guardianship

    Guardianship is the term describing a relationship between a person who is incapacitated by mental and (or) physical infirmities or disabilities and another adult person who is appointed by the Court to make decisions for the incapacitated person.  Guardianships are also instituted for children in cases where parents pass away or cannot care for their child.  Children also must have guardianships if they are to receive monies from a lawsuit, insurance policies, or inheritances in excess of the statutory amount (currently $15,000).  A guardian is the person appointed by the court and the ward is the person being protected by the guardianship.

    Guardianship proceedings may be initiated by children, parents, siblings or by other persons with an interest in protecting the person in need.  Decisions handled by the guardian include financial, personal care, and others as directed by the Court.   In Florida a person is adjudicated a “ward” only if there is no other, less restrictive means to accomplish the care of the person.  Alternatives are possible and can be planned with a skilled attorney including Health Care Surrogate Designation,  trusts such as Special Needs Trust, or others.  The Court will determine what is in the best interest of the ward and direct that course of action which can be a full or partial guardianship. We have also compiled a list of online resources for potential Guardians here.

    Guardianship is not necessarily permanent and can be modified in scope if the ward regains their ability to make decisions for all or a portion of their care.  A Preneed Guardian Declaration can be helpful to your family should any of your incapacity planning documents be insufficient.

    An attorney is your greatest resource for information about guardianship.  If you or a loved one has received notice that guardianship proceedings have been started against you – call us today for an immediate appointment.  Delays in responding or incorrect responses can cost time, money, and independence.  Our attorneys are available by phone 24/7 to help you.

    Related Topics

    1. What You Need To Know About Guardianship in Palm Bay, Melbourne, and Titusville, Florida
    2. Do You Have a Declaration of a Pre-Need Guardian in Your Estate Plan?
    3. What is a Fiduciary?
    4. Last Will
    5. Wills & Probate
    6. Power of Attorney
    7. Online Resources for Guardians in Melbourne and Brevard County, Florida
    8. Health Care Surrogate
    9. Living Will
    10. Trust vs. Last Will: The Age Old Debate

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