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Guardianship

Whether you recently lost a loved one, are dealing with their incapacity, or simply seeking to protect yourself and your family, we are here to help.

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Guardianship

A Guardianship is established through a legal proceeding which allows a guardian to exercise certain legal rights on behalf of the ward after being appointed by the Court.

The Spenik Law Firm is available to serve in multiple capacities on Guardianship matters. These capacities include: representing Petitioners, representing Wards and assisting Guardians with ongoing reporting requirements.

Guardianships are most common for adults suffering from dementia and other conditions affecting capacity. Florida Guardianship Law requires the use of the least restrictive alternative to protect individuals incapable of caring for themselves and managing their affairs whenever possible. This means that a guardian can be appointed to manage the person, property or both, dependent on the individual situation.

A Durable Power of Attorney, a Revocable or Irrevocable Trust Agreement, and a validly executed Health Care Advance Directive are generally accepted and classified as “least restrictive alternatives” to a Guardianship. However, if your loved one is suffering from elements of incapacity and does not have the aforementioned documents, we can assist in simplifying the process and determining whether a Guardianship is the appropriate avenue.


In urgent situations where an incapacitated individual is in need of immediate assistance to prevent financial exploitation or physical harm to their person, an Emergency Temporary Guardianship may be established. A temporary guardian may be appointed for a short period, to provide a solution pending the appointment of a permanent guardian.


Guardianships can also be established for the benefit of minors (children under the age of 18). In the event that a minor is the recipient of money by inheritance or as a result of a lawsuit, Florida law requires that minors have an individual appointed to manage the funds for their benefit.

Guardianship

A Guardianship is established through a legal proceeding which allows a guardian to exercise certain legal rights on behalf of the ward after being appointed by the Court.

The Spenik Law Firm is available to serve in multiple capacities on Guardianship matters. These capacities include: representing Petitioners, representing Wards and assisting Guardians with ongoing reporting requirements.

Guardianships are most common for adults suffering from dementia and other conditions affecting capacity. Florida Guardianship Law requires the use of the least restrictive alternative to protect individuals incapable of caring for themselves and managing their affairs whenever possible. This means that a guardian can be appointed to manage the person, property or both, dependent on the individual situation.

A Durable Power of Attorney, a Revocable or Irrevocable Trust Agreement, and a validly executed Health Care Advance Directive are generally accepted and classified as “least restrictive alternatives” to a Guardianship. However, if your loved one is suffering from elements of incapacity and does not have the aforementioned documents, we can assist in simplifying the process and determining whether a Guardianship is the appropriate avenue.


In urgent situations where an incapacitated individual is in need of immediate assistance to prevent financial exploitation or physical harm to their person, an Emergency Temporary Guardianship may be established. A temporary guardian may be appointed for a short period, to provide a solution pending the appointment of a permanent guardian.


Guardianships can also be established for the benefit of minors (children under the age of 18). In the event that a minor is the recipient of money by inheritance or as a result of a lawsuit, Florida law requires that minors have an individual appointed to manage the funds for their benefit.

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