GUARDIANSHIP OF PARENTS
Help from Orlando Estate Planning Attorneys
In many cases, the responsibility of making decisions for parents who suffer from conditions like age-related dementia or Alzheimer’s will fall on their adult children. In order to have the legal authority to do so, however, you will need to be appointed your parent’s guardian or agent under a power of attorney or pre-need guardianship.
At Mark & Brown, P.A., our lawyers offer a free initial consultation to discuss your situation and explain your options. We draft powers of attorney or, if necessary, file guardianship and conservator petitions for clients in Orlando and surrounding Florida communities. Call (407) 705-3596 to talk to an attorney at our firm.
What Is a Power of Attorney?
A power of attorney is the quickest and most cost-efficient way to obtain legal authority to make decisions for another person. Unfortunately, a person can only complete a power of attorney designation when he or she has the legal capacity to do so. It is important to remember that lucidity in the eyes of the law and lucidity in the eyes of the medical community sometimes have different definitions.
An individual suffering from Alzheimer’s or dementia may not have the legal capacity to execute a valid power of attorney. Our Orlando elder care lawyers can perform a mental capacity evaluation and/or obtain a doctor’s statement regarding your parent’s current capacity when necessary. If your parent does not have capacity to make this designation, you may need to seek an appointment as guardian by the court.
What Is a Guardian?
A guardian is a person who has the legal authority to make decisions for a person who does not have the capacity to make those decisions for himself or herself. Florida courts do not grant petitions for guardianship without being fully apprised of the circumstances, the health of the individual and supporting documentation.
The court will appoint a panel of three unbiased experts to evaluate the individual, and those experts will be required to submit separate reports for the court to review. The court will also appoint an independent attorney to represent the individual to ensure that the individual’s rights are protected throughout this process.
The process of appointing a guardian usually takes about two months, unless extenuating circumstances threaten the well-being of the individual.
Have Questions? Call (407) 705-3596.
Our elder law attorneys are here to answer your questions about obtaining the legal authority to make decisions for an incapacitated parent and/or loved one in need of protection. Contact Mark & Brown, P.A. today to arrange a free initial consultation.