Guardianship in Fort Lauderdale

When a person suffers from a legal disability, such as minority or mental incapacity, a guardian can be appointed by the court to manage the property of the incapacitated person. We represent persons seeking to be appointed legal guardian of the property of a incapacitated person. This could be a minor (a child under the age of 18) who has inherited property or an adult who has become incapacitated due to age or illness.

Guardianship Administration: A Guardian's Responsibilities

The Court assigns guardians of the property of an individual various responsibilities, including but not limited to:

  • Collecting and managing property
  • Investment of assets
  • Payment of bills, expenses, and taxes
  • Filing accountings and reports with the Court

Under guardianship administration, a guardian is not permitted to transfer property or spend money without prior Court approval. The guardian of the property is required to place the incapacitated person’s financial assets in a restricted (locked) account at a bank or to be bonded. These safeguards are necessary to protect the interests and property of the incapacitated person.

Often, probate or trust administration will follow guardianship administration upon death of the incapacitated person. We are experienced in all of these procedures and can provide the guidance you need.

Legal Guardianship of a Child's Property

Florida law requires that when a minor inherits real estate or financial assets worth more than $15,000, a legal guardian must be appointed by the Court to manage the property of the minor until the child is of legal age. Also, if a minor receives a settlement of a personal injury claim, court approval of the settlement and the appointment of a legal guardian for the minor’s money, is necessary. The parent or parents of the child are usually appointed the guardian for the minor.

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