Guardianship Services

Dorcey Law Firm Supports Families with Compassionate Representation

In elder law, guardianship plays a vital role. When an aging loved one cannot manage their personal, financial, or medical affairs, a guardian may be appointed to ensure their welfare and rights are safeguarded. However, navigating through this complex process can be overwhelming, and that’s where our legal guardianship services come into play.

At Dorcey Law Firm, we represent individuals, families, and loved ones, helping them by advocating for the best interests of older adults so that they can receive the care and protection they need. Our attorneys understand that guardianship matters can be complex and emotional. Our Fort Meyers-based law firm is here for you and your family when you need us most.

Contact the Dorcey Law Firm online or call our office at (239) 309-2870 to discuss your guardianship options today.

What is Guardianship?

Guardianship is a legal relationship where a person (the guardian) is appointed by the court to make decisions and provide care for another person (the ward). This arrangement is typically necessary when an individual is unable to make decisions for themselves due to age, disability, or incapacity.

In Florida, elder law recognizes several types of guardianship to accommodate various needs and situations, including these four common types:

• Limited Guardianship: A limited guardian is appointed when the ward can still make some, but not all, decisions regarding their care and finances. The court assigns certain responsibilities to the guardian while the ward retains the rest.
• Plenary Guardianship: This type of guardianship is comprehensive and grants the guardian complete authority over the ward. It is typically established when the ward is incapable of making any decisions independently due to severe physical or mental incapacity.
• Emergency Temporary Guardianship: In situations where there is an imminent danger that physical or financial harm will be inflicted on the ward, the court can establish an emergency temporary guardianship. This guardianship is temporary and generally lasts for 90 days.
• Voluntary Guardianship: If a fully competent adult anticipates they may become incapacitated in the future, they can voluntarily petition the court to appoint a guardian to manage their affairs when they become unable to do so.

Establishing a legal guardianship for yourself or your aging loved one can be intricate and challenging. You are strongly encouraged to consult an experienced lawyer to help you throughout this process. Doing so can aid you considerably as you pursue the best possible outcome for your loved one.

Our Guardianship Services

Legal guardianship is not a process to be undertaken lightly. It involves going through the court system to ensure that the guardianship is legally valid and sound. The court's involvement is vital to protect the interests of the prospective ward, particularly as the decision can significantly impact their life and rights.

A judge will assess the situation thoroughly, considering all relevant factors before giving approval. They'll evaluate the ward's needs, the potential guardian's capabilities, and whether the guardianship will serve the ward's best interests. This judicial oversight is designed to prevent potential abuses and safeguard that the adult being placed under guardianship receives the most appropriate and respectful care possible.

We can help with a wide range of guardianship and elder law-related needs, including:

• All types of guardianship
• Powers of attorney
• Healthcare directives
• Wills, trusts, and other estate planning needs
• Long-term care planning
• Estate administration