When someone you love can't decide for themselves.
Help establishing and managing guardianships for a loved one who can no longer make their own decisions, and exploring less restrictive alternatives first.
Guardianship with Curtis LeBlanc
Guardianship is a court process that gives a trusted person legal authority to make decisions for an adult who can no longer manage their own affairs, or to manage property that belongs to a minor.
Because it takes rights away from the person it protects, Florida courts require less restrictive alternatives to be considered first. Curtis helps families understand those options and, when guardianship is the right answer, guides the petition, the court process and the reporting duties that follow.
How Curtis can help.
Every matter is different. These are the situations clients most often bring to him.
Incapacity & plenary or limited guardianship
Petitions to determine incapacity and appoint a guardian of the person, the property or both, tailored to what the person can still do.
Guardian advocacy
A simpler process for adults with developmental disabilities who need help with some decisions.
Guardianship of a minor's property
Required in Florida when a child inherits or receives a settlement above the statutory threshold.
Emergency temporary guardianship
When there is an immediate risk to the person's health, safety or property.
Annual reports & accountings
Helping guardians meet the plans, inventories and accountings the court requires.
Alternatives to guardianship
Powers of attorney, health care surrogates and trusts that may avoid the need for court.
What to expect.
Clear steps, explained up front.
Assess
We discuss the person's needs and whether an alternative to guardianship would work.
Petition
Curtis files the petitions; the court appoints an examining committee and counsel for the person.
Appointment & duties
Once appointed, the guardian receives letters and Curtis helps with the required reports.
Guardianship questions, answered.
How does the court decide someone is incapacitated?
The court appoints an examining committee of three members who evaluate the person and report to the judge. The person also has the right to a lawyer and to a hearing.
Is there a way to avoid guardianship?
Often, yes, if planning was done in advance. A durable power of attorney, a health care surrogate designation and a trust can let trusted people act without a court case. Florida courts must consider these less restrictive alternatives.
Who can serve as a guardian?
Generally a Florida resident adult, and in some cases certain relatives who live out of state. The court looks at the proposed guardian's background and any preference the person expressed, such as in a pre-need guardian designation.
What does a guardian have to report?
Guardians file an initial plan and inventory and then annual reports, including accountings for property guardianships. Curtis helps keep these on time and accurate.
These answers are general information about Florida law, not legal advice for your situation. Laws change; call to discuss your specific facts.
Talk to Curtis about guardianship.
Start with a free 20-minute consultation.