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Home >> Guardians in Florida – Final Questions

Guardians in Florida – Final Questions

December 12, 2015 by Robert Kulas. Leave a Comment

Guardians in Florida - Final QuestionsOver the past several weeks we have looked at a number of issues about guardians in Florida. Understanding what a guardian is, the role guardians play, and what you might be able to do about the situation important regardless of the kind of estate plan you are creating, or the kind of issues you think you might one day face. Because guardians can become involved in almost anyone’s life, and that almost any time, having some basic knowledge about them is useful.

Nevertheless, there are some additional issues that we haven’t covered in this blog series that we would like to take some time to discuss today. So, in our final entry in our guardians in Florida blog series, were going to take a look at some additional issues we haven’t talked about.

Guardians in Florida. What is a guardian ad litem?

A guardian ad litem, or GAL, is a temporary guardian appointed for a limited amount of time and only in specific situations. When a court considers what should happen to an incapacitated person, or believe someone is unable to represent his or her own interests, the court will appoint a guardian ad litem. This guardian is responsible for advocating on behalf of the incapacitated person throughout the course of the hearing or legal process surrounding that person. Once the hearing or process is finished, the Guardian ad litem’s responsibilities also come to an end.

Guardian ad litem’s do not have the legal ability to make decisions on behalf of a ward, and are only there to argue for the ward’s interests through the legal process before a court.

Guardians in Florida. Can I have a guardian removed?

While it is possible to have a guardian removed, or stripped of his or her guardianship responsibilities, it is not a simple process. Just as there is a process that a court must go through when appointing a guardian, so too is there a process that happens if someone wants a guardian removed. If you believe that a guardian is acting inappropriately or not protecting a ward’s interests as he or she is obligated to do, you can ask a Florida court to remove the guardian and name someone else, but you must do so in a specific manner.

Guardians in Florida. Do I need to talk to a lawyer about my guardianship questions?

Yes. Even though we have discussed many guardianship issues in the past and will probably write about them again in the future, nothing you ever read on the Internet is ever a substitute for personalized legal advice. Even if your situation sounds simple, you need to schedule an appointment to talk to us about your guardianship questions so we can give you advice that is applicable to you in your individual circumstances. Should you fail to receive legal advice from experienced attorneys, you could inadvertently harm your ability to protect yourself or your loved ones.

Filed Under: Estate Planning

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Janice M
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Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

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I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

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Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

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I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

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Joan C.
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We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

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