As our Florida parents or other family members age, although they are still mentally competent, it often becomes increasingly difficult for them to manage their own "property" affairs, such as banking matters, social security income, business affairs, real estate transactions, money management and more. Fortunately, Florida guardianship law offers a solution. Ponte Vedra or Jacksonville residents may become a Voluntary Guardian by request and petition of the individual ("ward") who is in need of assistance from a trusted family member or friend. The petition must also include a physician's certificate stating that the person who is petitioning the court for a guardian is competent to understand the nature and scope of the guardianship. A wonderful feature of the provision is that it allows the guardian to take possession and control of less than all of the wards property. This enables the "ward" to maintain a sense of independence, and allows that person to manage a certain "portion" of their property, and still feel in control of their world. Each circumstance is unique and therefore, it is prudent to discuss your situation with a Ponte Vedra Guardianship Attorney. When the Petition requests that the guardian only take control of a part of the wards estate, the court order must be specific as to the property to be included in the guardianship estate. A Voluntary Guardian must file an annual report with the court, which gives an accounting as to the property under the guardian's control. The ward may terminate the voluntary guardianship at any time by filing a notice of termination with the court and must obtain a new certification of competency each year for the guardianship to continue. If you have questions about how a voluntary guardianship may assist someone in need of assistance, contact an experienced Guardianship Attorney in Ponte Vedra.
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