Elder Law Attorney Sarasota | Conservator vs. Guardian

Elder Law Attorney Sarasota

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One of the hottest things in the news right now is the Framing Britney documentary. Britney Spears is an American popstar who is currently under a conservatorship in California. Her father is at the center of the controversy as questions arise about his performance as conservator. One of the biggest questions every elder law attorney Sarasota residents can find is asked, “what’s the difference between conservator and guardian?” Many Floridians have never heard of a conservator because the State only legally recognizes the term guardianship; although, there are three distinct types of guardianship.

Florida Guardianship

All three types of guardianship recognized in Florida can be voluntary or involuntary. Regardless of the type or whether the guardianship is voluntary, an elder law attorney Sarasota families can trust, is the key to a successful guardianship for everyone.

Types of Guardianship

Guardian of the Person- When someone is a guardian of the person, they are legally able to make daily decisions related to the care and personal matters of the ward such as where they will live, who their doctors will be, and who can communicate with the ward.

Guardian of the Estate- One of the most popular types of guardianships requested by people looking for an elder law attorney Sarasota families can trust. This type of guardian oversees the finances and estate of the ward.

Plenary Guardianship- This is the most restrictive type of guardianship and allows for the guardian to make all decisions for the ward—personal and financial.

In each of these types of guardianship, the Florida courts can choose to limit the capacity of the guardian if they deem the ward can still make some of their own choices. It is especially important that both parties, ward and guardian, are represented by legal counsel.

If you need an elder law attorney in Sarasota, call the Law Office of Kimberly K. Muenter at 813-856-3489.