One of the worst truths an adult child comes to is the realization that their parents cannot care for themselves any longer. Alzheimer’s, dementia, cancer, and other ailments can affect the health and mental capabilities of our parents to the point where they are incapacitated and cannot make decisions in their own best interest. Guardianships are available through the courts, but you’ll need an Elder Lawyer in Westchase FL if you plan to try to obtain one.
What Does “Guardianship” Mean?
A guardianship over an adult is appointed by the courts to handle the care of adults that are physically and/or mentally incapacitated and cannot manage their own general health, welfare, or finances. There are a few different types of guardianships including emergency temporary guardianship, limited, plenary (complete), and voluntary. An Elder lawyer in Westchase FL can give you a detailed description of each kind and help you decide which is best for your family to pursue.
How to Seek Guardianship
The best way to obtain a guardianship over your parents is to talk to them about voluntary guardianship. When your parent elects you as their guardian while they are competent, it is much easier to go forward if their health begins to decline. Voluntary guardianships do not need hearings to establish the guardianship and are also considered plenary in nature.
In Florida people cannot pursue a guardianship on their own. If you plan to pursue a guardianship, even a voluntary one, you’ll need a licensed elder lawyer in Westchase FL to draw up and file the paperwork. Any resident who is more than 18 years old and without felony convictions are usually approved to be guardians if their credit history doesn’t have any major red flags that could indicate possible financial abuse of the elderly person. Bad credit will not automatically disqualify someone from obtaining a guardianship.
If you are interested in seeking a guardianship over your elderly parents, contact the Law Offices of Kimberly K. Muenter, P.A. at 941-229-2529