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Fort Lauderdale Guardianship Attorney

Compassionate Representation for Elders & Their Loved Ones

A guardian is appointed by Florida courts to exercise the legal rights of a person who has been ruled incapacitated. The guardian may be a person – either related to the individual or not – or a bank trust or company if the guardianship is specifically to exercise legal rights related only to property or finances.

Whether you are seeking to establish a guardianship on behalf of an elderly parent or you are seeking representation to avoid being appointed a guardian, Rivera Aguilar Law Firm, P.A. can help. Fort Lauderdale elder law attorney Wendy Rivera has extensive experience handling guardianship cases and has a thorough understanding of Florida’s elder laws. She is ready to protect your rights.

Call (954) 994-0326 or complete this online contact form to learn more about your rights and options regarding guardianship.

Determining Incapacity

Determining if an individual is legally incapacitated involves following a particular process. First, an adult must file a petition in circuit court, which will appoint a committee to investigate. The committee typically consists of two doctors and another expert. This committee will assess the allegedly incapacitated individual’s mental, physical, and functional capabilities.

If a majority of the committee finds the individual to be fully capable, the petition is dismissed. If not, a further hearing is scheduled. During the hearing, the court determines if the individual is partially or fully incapacitated.

Once incapacity is established, a guardian is appointed to care for the incapacitated individual — who is called a ward — in whatever area(s) they are deemed unable to care for themselves.

An attorney may represent the allegedly incapacitated individual during this process. A person may be found unable to make financial decisions, health decisions, or both.

Protecting Yourself & Your Loved Ones

Determining incapacity can be painful for families. An adult child may file an incapacity petition if they are concerned a parent is not able to make decisions on their own — for example, if the parent is suffering from dementia. However, it is possible that a capable older adult may need to defend him or herself from an erroneous petition.

Rivera Aguilar Law Firm, P.A. helps clients in Fort Lauderdale and Kissimmee navigate circuit court and work for a favorable outcome.

To get started with a free consultation, call (954) 994-0326.

Why Choose Attorney Wendy Rivera?

  • Personal Dedication & Proven Success

  • Rave Client Reviews

  • Several Years of Experience

  • Passionate about Social Justice

  • Habla español

  • Awarded and Recognized