Top 3 Causes to File for Minor Child Guardianship in Fort Myers, FL

Information may not be reliable

Under Florida law, guardianship pertains to the management of the affairs of someone unable to manage his or her affairs. Customarily, a court orders guardianship on behalf of someone who is called a "ward" of the court. A guardian then assumes the rights of the ward to make decisions about many aspects of the ward's everyday life. A guardian is obligated by ethical and statutory rules to make decisions in the ward's greatest interest.

This involves the exercise of the legal rights of an incapacitated person, minor, voluntary wards, or developmentally disabled individuals.

A guardian, therefore, is the surrogate decision-maker appointed by the court to make either personal and/or financial decisions afore-cited individuals. It can be an individual or institution, such as a bank, appointed by the court to guard over the person only, property only, or both person and property.

A ward, on the other hand, is the subject of the guardianship.

Florida law demands the court appoint a guardian for minors in circumstances where the parents die or become incapacitated, or if a child receives an inheritance or proceeds of a lawsuit or insurance policy exceeding the amount allowed by statute.

Similarly, adult guardianship, is the process by which the court appoints a guardian for an adult individual who is incapable to make a decision with legal implication due to mental impairment. 

Consequently, the court assumes the duty to carry out the conduct of oversight over the adult and minor guardianships.

The top 3 causes to file for minor child guardianship in Fort Myers, FL are:

1.    A minor child’s parents are die. 

When both of the child’s parents die, the court has to appoint a guardian. The guardian will be appointed based on the list of priority persons. In essence, the guardian will be picked from the next of kin of the child. The guardianship will be exercised until and unless the child reaches eighteen (18) years old, provided, he will have the capability to decide and manage himself and his properties as the case may be.

2.    The child is in an unsafe home due to alcohol or drugs 

The Fort Myers, Florida legal system ensures the child’s safety as its priority. A petition for guardianship will be facilitated to remove the child from a risky situation.

3.    The child is in an abusive situation

The court will extend protection to the child from the abusive prevailing scenario and simultaneously press a criminal charge against the abusive parents. A relative to this end is often the one who files the petition for guardianship and the court will thereafter put the child’s care under its custody until the petition for guardianship is completed.

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For your own personal questions servicing the areas of Fort Myers and Cape Coral, Florida, you may call us at telephone number 239-214-0403 or you may reach us at www.marquezkellylaw.com/contact-us for a Free Half-Hour Consultation.