Florida Guardianship Attorney Eric S. Kane, P.L.


Estate Planning and Probate Attorney
Eric S. Kane, P.L.

Guardianship in Miami

A guardianship is a legal proceeding in the circuit courts of Florida in which a guardian is appointed to exercise the legal rights of an incapacitated person.

A guardian is an individual or institution such as a bank trust department appointed by the court to care for an incapacitated person-called a ward-or for the ward's assets.

Guardians must be represented by an attorney who will serve as "attorney of record." Guardians are usually required to furnish a bond and may be required to complete a court-approved training program. The Clerk of the Court reviews all annual reports of guardians of the person and property and presents them to the court for approval. A guardian who does not properly carry out his or her responsibilities may be removed.
 
If a person recovers in whole or part from the condition that caused him or her to be incapacitated, the court will have the ward reexamined and can restore some or all of the person's rights.
 
Types of Guardianships

     ► Guardian of the Property

The guardian of the ward’s property is given authority over any property of the ward. A guardian of the property shall inventory the property, invest it prudently, use it for the ward's support, and account for it by filing detailed annual reports with the court. In addition, the guardian must obtain court approval for certain financial transactions.

     ► Guardian of the Person

The guardian of the ward's person may exercise those rights that have been removed from the ward and delegated to the guardian, such as providing medical, mental and personal care services and determining the place and kind of residential setting best suited for the ward. The guardian of the person must also present to the court every year a detailed plan for the ward's care.

     ► Plenary Guardian

Also known as Guardian of the Property or Person, the plenary guardian is appointed to serve as both the guardian of the ward’s property and the guardian of the ward’s person.

     ► Guardianship For Minors

A child's parents are the child's natural guardians and in general may act for the child. 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 $15,000, the court must appoint a guardian. Both parents or a surviving parent may make and file with the Clerk of the Court a written declaration naming a guardian of the child's person or property to serve if both parents die or become incapacitated. A guardian may also be designated in a will or trust in which the child is a beneficiary.

If you would like more information on guardianships or how to commence a guardianship proceeding in Florida please

 

 

 

Guardianship in Florida, Attorney Eric S. Kane, P.L.

20900 NE 30th Avenue, Suite 403
Aventura, FL 33180


View Larger Map  

If the decedent leaves a valid will it must be admitted to probate in the Court. If the will is not admitted it will be ineffective to pass title to the beneficiaries. If the decedent has no will, probate is necessary to pass ownership of the assets to those persons who are to receive them under the Florida Intestate Succession laws.

Eric S. Kane has served as Special Magistrate for the Eleventh Judicial Circuit Court in and for Miami-Dade County and has served as Court Appointed Receiver for the Eleventh Judicial Circuit Court in and for Miami-Dade County. Mr. Kane frequently lectures on the topics of probate administration and estate planning.

A client has many choices in the selection of a Florida Estate Planning and Probate Lawyer. Mr. Kane graduated cum laude with a J.D. and L.LM from the University of Miami School of Law in Coral Gables, Florida and earned a B.A. in Government and Latin American Studies cum laude from Franklin and Marshall College in Lancaster, Pennsylvania.

The Law Office of Eric S. Kane, P.L. is located in Aventura, a municipality located in Miami-Dade County and serves clients throughout Miami-Dade, Broward, and Palm Beach counties. Eric S. Kane, P.L. consistently represents clients’ legal needs for probate and estate administration with service to Aventura, Miami, Hallandale, North Miami, Miami Beach, Hollywood, Miramar, Wilton Manors, Ft. Lauderdale, Orlando, Jacksonville, Tampa, and all areas of Miami-Dade County, Broward County, Palm Beach County, and each county throughout Florida.

Guardianship for clients in Miami, Aventura, Miami Beach, North Miami, Hallandale, Hollywood, Fort Lauderdale, and all across South Florida.

The information you obtain at this site is not considered to be all inclusive, nor is it intended to be legal advice. Using this website does not create an attorney-client relationship between you and Eric S. Kane, PL or any individual attorney. None of the materials available on this site constitute legal advice. This site has been designed to provide you with general information regarding the firm, and the types of services we provide. You should consult an attorney for individual advice regarding your own situation. The hiring of a attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask Eric S. Kane, P.L. to send you free written information about our qualifications and experience.
© Copyright 2013-17 Eric S. Kane, P.L. | 20900 NE 30th Ave | Suite 403 | Aventura, FL 33180 | Site by Idea Depot