Respected Tampa Guardianship Attorney

Most Floridians never believe they will one day consider becoming a guardian over someone in need of care and protection. Yet, this has become a reality in many families.

I am attorney D. Christopher Alfonso, and I can help you protect the ones you love through guardianship or conservatorship. My practice is known for its tireless commitment to protecting the vulnerable and thoroughly understanding the relevant laws. My goal at D. Christopher Alfonso, P.L., is to help ensure your loved ones are protected and that their interests are safeguarded.

What Is Guardianship?

Under Florida law, guardianship is a legal process where a court appoints an individual to make decisions on behalf of another person who is unable to do so themselves. This can involve guardianship of the person, guardianship of the estate or both.

Benefits Of A Guardianship

Guardianship can offer several significant benefits, particularly for vulnerable adults who may not be able to make informed decisions on their own. These benefits include:

• Protection: Ensures that the individual’s personal and financial needs are met
• Stability: Provides a consistent and reliable support system for the individual
• Oversight: Offers court supervision of the guardianship to help ensure the guardian acts in the best interest of the ward

Guardianship can also apply to minors, ensuring that children have responsible adults to care for them when their parents cannot.

Guardianship Of An Adult

Adult guardianship is appropriate when someone over 18 is unable to make informed decisions due to illness, injury or disability. This can include seniors with dementia, individuals with developmental disabilities or people recovering from serious brain injuries. 

Generally, adult guardianship is necessary when:

• The person is medically or legally incapacitated
• They lack the mental capacity to manage finances, health care or safety
• There is a risk of exploitation, neglect or harm without legal oversight

These circumstances often trigger the need for formal legal protection to ensure the adult’s rights and safety are preserved.

Responsibilities Of An Adult Guardian

An adult guardian must act in the best interest of the ward and may be responsible for:

• Making medical and health care decisions
• Managing income, assets and expenses
• Ensuring the ward receives proper housing and care
• Filing reports and accountings with the court as required by Florida law

Guardians must follow all legal duties and may be removed for misconduct or failure to act in the ward’s interest.

Guardianship Of A Minor

Guardianship of a minor may be necessary when a child’s parents are unable to care for them due to death, incapacity or legal unfitness. This ensures the child has a stable and responsible adult to make decisions on their behalf.

Minor guardianship may be the best if:

• Both parents are deceased or incapacitated
• The parents are deemed unfit by the court
• The child has inherited assets that need management

These situations require legal guardianship to ensure the child’s care and financial matters are properly handled.

Responsibilities Of A Minor’s Guardian

A guardian of a minor is expected to:

• Provide a safe and supportive living environment
• Make educational and medical decisions
• Offer emotional support and stability
• Manage any assets or benefits the child receives

Guardians must also keep the court informed and comply with oversight procedures designed to protect the child’s best interests.

What Is A Conservatorship?

In Florida, conservatorship is similar to guardianship but is limited in use. It generally applies when a person is missing, presumed dead or incapacitated and has property that needs management. Conservatorship and guardianship are different in three key ways:

• Conservatorship focuses on property and financial matters
• It is typically used in specific cases, such as military personnel missing in action
• Guardianship is broader and includes decision-making over personal and medical matters

Understanding the difference helps families choose the right legal tool for their situation.

Benefits Of A Conservatorship

Families often find that a conservatorship offers the following advantages during periods of financial uncertainty:

• Allows someone to legally manage and preserve the ward’s property
• Ensures financial stability until the person returns or a permanent solution is found
• Protects against misuse or loss of assets in uncertain situations

These benefits ensure assets are protected and responsibly managed during periods of uncertainty.

Setting Up A Guardianship Or Conservatorship In Florida

Establishing a guardianship or conservatorship involves petitioning the court, presenting evidence of incapacity or need, and passing a background and credit check. The court will review the case, appoint a guardian if necessary and require ongoing supervision through periodic reporting.

This process is designed to protect the vulnerable, but it can be complex. That’s where a knowledgeable lawyer can make a difference.

Guidance From A Trusted Tampa Guardianship Lawyer

As a knowledgeable guardianship lawyer, I can provide the guidance and support you need during this difficult time. Whether you need to become a guardian or appoint one for a loved one, I can help make the process as smooth as possible.

Contact me at 813-321-7354 or online today in Tampa to discuss your guardianship needs and protect the immediate well-being of your vulnerable loved ones.